PRATYUSH KUMAR,J. - (1.) Heard Shri S.K.A. Rizvi, Advocate for the appellants and learned AGA for the State-Respondent.
(2.) The instant appeal filed on behalf of sureties/appellants under Section 449(ii), Cr.P.C. is directed against the order dated 2.1.2016 passed by Shri M.K. Singh, learned Additional Sessions Judge (F.T.C.), Bareilly in Criminal Case No. 34 of 2015 (State v. Prem Kumar Singh) whereby surety bonds of the appellants were forfeited and recovery warrants amounting Rs. 50,000/- were issued. The relevant facts for the present purpose are as under:-
(3.) That the appellants stood sureties for accused Ravi in Sessions Trial No. 18 of 2011, P.S. Faridpur, District Bareilly and they had filed surety bonds of Rs. 50,000/- for his appearance before the Court. When Ravi did not appear before the Court, notices were issued to the appellants to produce the accused before the Court on 13.11.2015. The appellants produced him on the stated date before the Court, but they were issued notices, copy whereof is annexed as Annexure-1 to the Supplementary Affidavit. Though the appellants were personally present on 2.1.2016, but the orderly of the Court did not allow them to enter the Court and consequently, recovery warrants were issued against them without providing opportunity of hearing and ignoring the fact that the appellants had produced the accused before the Court and discharged their obligation.;