MANJEET SINGH AND ANOTHER Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-10-123
HIGH COURT OF UTTARAKHAND
Decided on October 30,2013

Manjeet Singh And Another Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Appellants, Manjeet Singh and Ranjeet Singh stood surety for the accused Hardeep Singh in Sessions Trial No.164/2003, State vs. Hardeep Singh & others under Sections 392, 397 & 411 IPC, relating to Police Station Bajpur, District Udham Singh Nagar. The accused did not appear on the date fixed in the trial court. Notices were issued to the accused, as also sureties. They did not appear before the trial court. As a consequence thereof, a case under Section 446 Cr.P.C. was registered against the sureties (appellants herein). The sureties were again issued notices. The sureties appeared and offered their explanation for their non-appearance. They stated that they handed over the custody of accused Hardeep Singh to the police at Police Chowki Kelakhera, District Udham Singh Nagar on 17.01.2006.
(2.) Now, the fact remains that the liability to pay the surety amount by the sureties (appellants herein) was complete. When the accused did not appear before the trial court, notice in this behalf was served upon sureties and they did not respond to such notice, their liability to pay surety amount was complete. There is no illegality in the order dated 01.04.2006 passed by the Additional Sessions Judge / F.T.C., Kashipur, District Udham Singh Nagar. The present appeal filed by the sureties (appellants herein) is accordingly dismissed.
(3.) Learned counsel for the appellants further submitted that the accused Hardeep Singh and others were acquitted by the trial court, vide judgment and order dated 28.03.2006 passed in Sessions Trial No.164/2003.;


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