UTTAM PRASAD AND ANOTHER Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
Uttam Prasad And Another
STATE OF UTTARANCHAL
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(1.) Accused Smt. Abida was charge-sheeted
under Section 18/20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985. Accused was
detained in jail. One kilogram of cannabis was
allegedly recovered from her possession.
(2.) Accused Smt. Abida applied and was
granted one month's parole by this High Court. She
filed a personal bond of Rs. 50,000/- alongwith two
sureties of the like amount to enable her to be released
on parole. On the date fixed, accused did not appear
before the trial court. Non-bailable warrant was issued
to her alongwith notices to her sureties. The sureties
could not produce the accused. Proceedings under
Section 446 of Cr.P.C. were initiated against the
sureties. Notices were again sent to the sureties.
Neither did they appear in person nor deposited the
money. Recovery warrant was issued to the sureties.
Sureties were brought to the court concerned. They
expressed their inability to deposit the money. They
were sent to jail for six months. Again the sureties
sought time from the court concerned to produce the
accused, which was declined by learned Addl. Sessions
Judge / I F.T.C., Udham Singh Nagar. The property of
the accused was also directed to be attached. A report
was received to the effect that the accused has no
moveable or immoveable property. Accused is also
reported to be absconding from the given address.
(3.) In this way not only the accused misused the
liberty of parole granted to her, but the sureties (present
appellants) also failed to trace and produce the accused
before the court concerned. The proceedings under
Section 446 of Cr.P.C. were rightly initiated against the
appellants. When the sureties failed to produce the
accused despite having been given time for the same,
they were rightly sent to jail to serve the imprisonment.
There was, therefore, no question of granting them
further time to produce the accused before the court
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