- (1.) This criminal appeal has been filed by the State of U. P. against the order of the Allahabad High court dated 9/01/1980 whereby the High court set aside the order dated 2/02/1979 passed by II Additional Sessions Judge, Mainpuri and quashed the proceedings pending against the respondents in the court of ii Additional Sessions, Judge, Mainpuri for realisation of fine of rs 20,000. 00 as part of sentence passed against Mehtab Singh, father of the respondents.
(2.) The facts giving rise to this appeal may be noticed in brief: Respondents' father, Mehtab Singh was prosecuted for forgery in three separate cases. He was convicted by Shri B. C. Jauhari, the then 149 presiding Officer of the Linked court of Farrukhabad-Mainpuri on 18/06/1964. Mehtab Singh was, inter alia, also sentenced to paying a fine of a Rs. 2,000. 00 for each count of forgery. A total sum of Rs. 20,000. 00 became recoverable from him. In one of the cases Mehtab Singh preferred an appeal before the Allahabad High court and the High court on 22/06/1964, inter alia, stayed the recovery of fine during the pendency of the appeal. The appeal was however, dismissed on 9/01/1968. Mehtab singh filed an application under S. 134 (1) (c) of the Constitution of india for a certificate of fitness for leave to appeal to the Supreme court which was rejected by the High court on 8/04/1970.
(3.) It appears that Mehtab Singh was granted special leave to appeal on 30/11/1970. Mehtab Singh moved an application under S. 426 (2-B) of the Code of Criminal Procedure in the High court on december 7, 1970 praying that during the pendency of the appeal in the supreme court he be released on bail and realisation of fine may also be stayed. The Allahabad High court on the said application passed an order dated 8/12/1970 to the following effect: "Let the applicant be released on bail subject to his furnishing two sureties to the satisfaction of ADM (J) , Mainpuri. Stay realisation of fine meanwhile. ";