Umeshwar Pandey, J. - (1.) Heard learned counsel for the appellant and the learned A.G.A.
(2.) This appeal under Section 449 Cr.P.C. has been directed against the order dated 07.01.2005, whereby the Additional Sessions Judge (F.T.C. No. 5) Etah, has sent the appellant to undergo sentence of civil imprisonment for a term of six months for his default in producing the accused - Khandool during the trial of S.T. No. 715 of 2002.
(3.) A perusal of the impugned order shows that the appellant had stood surety to the aforesaid accused for his appearance in the court and had executed surety bond of Rs. 30,000/- to the court. Inspite of getting notice, the accused absented. A show cause notice under Section 446 Cr.P.C. was served upon this appellant Dharmendra but he neither came himself nor brought the accused before the court. No explanation was sent by him to the court. It is thereafter that the recovery warrant was issued against him for realization of bond money. Inspite of that the appellant did not come to the court, as such warrant of arrest was issued against him upon which he was arrested and brought before the court on 07.01.2005 when the impugned order was passed.;