- (1.) The instant appeal, filed on behalf of sureties/appellants under Section 449, Cr.P.C., is directed against the order dated 23.2.2010 passed by the Additional Sessions Judge/F.T.C., Court No.1, Kanpur Dehat in Misc. Case No.8/12 of 2010 arising out of S.S.T. No.28 of 2009 (State Vs. Munna Singh Sengar), whereby surety bonds were forfeited and show cause notices were issued against the appellants.
(2.) Heard Shri Mohd. Naushad Siddiqui, learned counsel for the appellants, Shri Raj Bahadur, learned AGA for the State-Respondent and perused the record.
(3.) Learned counsel for the appellants has submitted that impugned order is illegal. It has been passed without giving notice to the appellants before forfeiture. Accused was not absent. On 23.2.2010 his exemption application was rejected and on 24.2.2010 he appeared before the court below. According to him, impugned order being illegal deserves to be set aside.;