SHER ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal, made under Section 449 of the Code of Criminal Procedure (in short, "the Code"), is preferred against the order, dated 01. 12. 99, passed, in CR Case No. 4/88, by the Sessions Judge, Sonitpur, Tezpur, whereby the bail bonds executed by the sureties-appellants have been forfeited, the bail amount of Rs. 2,00,000/- has been directed to be paid by the sureties-appellants, the property of the sureties, covered by the bail bonds, have been attached and the Collector has been directed to realize the said bail amount within a period of one month from the date of receipt of the said order.

(2.) HEARD Mr. T. C. Khatri, learned Senior Counsel, appearing on behalf of the sureties-appellants, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam.

(3.) FOR clear appreciation of the controversy, raised in the present appeal, it is necessary to take note of the provisions of Section 446 of the Code, with this objective in view, Section 446 is reproduced herein below: