BIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant-Bir Singh has filed the present appeal, under Sec. 449 (ii) of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), against the order, dtd. 11/4/2023, passed by the Court of learned Special Judge, Mandi, District Mandi, H.P. (hereinafter referred to as 'the trial Court') in Cr.MA No. 193 of 2023, titled as State of H.P. versus Bir Singh.

(2.) The order impugned herein has been passed in proceedings, under Sec. 446 CrPC, in Sessions Trial No. 10 of 2021, titled as State of H.P. versus Melwin Benny Aarons. These proceedings were initiated in FIR No. 197 of 2020, registered at Police Station Aut, District Mandi, H.P.

(3.) According to the appellant, accused-Melwin Benny Aarons, in case FIR No. 197 of 2020, dated 21 st January, 2020, moved the application, under Sec. 439 CrPC, which was allowed and thereafter, the appellants stood as surety for him. When, accused-Melwin Benny Aarons failed to appear before the learned trial Court, on 18/3/2022, non-bailable warrants were issued by forfeiting his surety bond to the State of Himachal Pradesh.