- (1.) Heard Mr. A.B.L. Gour learned counsel for the appellants. Perused the judgment and order dated 16.7.1993 passed by III Additional District and Sessions Judge, Bulandshahr in S.T. No. 393-A of 1992 whereby the surety bonds of the appellants were forfeited for non-production of the accused persons in the aforesaid Sessions trial. The appellants were further directed to deposit a sum of Rs. 10,000/- surety amount and in the event of default the Collector Bulandshahr was directed to realise the said amount. Learned counsel for the appellants has submitted that the order for forfeiture and realisation of surety amount was passed by the III Additional Sessions Judge without affording reasonable opportunity to the sureties either to produce the accused persons before the Court or to show cause as to why the surety amount be not realised from them. I have perused the impugned judgment passed by the learned Additional Sessions Judge and find that when the accused defaulted in their appearance before the Court, non bailable warrants were issued against the accused persons and the Court was also pleased to issue notices under Sec. 446 Cr.P.C. against the sureties who are not the appellants before this Court. The judgment of the Sessions Judge reads that the sureties were taking time one after the other to produce the accused persons before the Court but they failed to do so and they further failed to show any cause as to why the amount of surety bonds be not realised from them. It appears that the appellants remained under some wrong impression and they made only efforts to produce the accused persons and they forgot to show cause against the proposed recovery. There is no point for entertaining this appeal in this Court, as the appellants can be directed to appear before the Court concerned and to show cause as to why they failed to produce the accused persons and as to why surety amount should not be realised from them.
(2.) Therefore with this direction this appeal is finally disposed of at the admission stage, and the appellants are directed to move proper application before the learned Additional Sessions Judge showing sufficient cause against recovery of the surety amount and also make a prayer for the stay of the warrants of the recovery, if any, issued by the Collector, Bulandshahr.;