- (1.) MAITHLI Sharan, J. With the consent of the learned Counsel for the appellant and the learned Addl. Government Advocate this appeal is being disposed of finally.
(2.) BRIEF facts are that the appellant stood surety for accused Sabha Jeet Singh in S. T. No. 18/93 under Sections 395, 397 and 412, I. P. C. , Police Station Kotwali, Faizabad and that he had furnished surety bond on 1-5-93 for a sum of Rs. seven thousand in the Court of Chief Judicial Magistrate, Faizabad. Later on the case was committed to the Court of Sessions in the year 1993 with the aforesaid sessions trial No. 18/93. In the Court of Sessions the accused appeared but he absented on 18-9-95 and 10-10-95 and therefore non-bailable warrant of his arrest and show-cause notices to the sureties were issued on 16- 11-95. Bail bonds were also forfeited. The appellant alongwith another surety appeared before the court; the court allowed time to search the accused who was declared absconder. Separate case was registered against the sureties under Section 446, Cr. P. C. and 22-12-95 was fixed. However, on 22-12-95 the appellant could not trace accused and hence on 22-1-96 the impugned order was passed by the trial Court. The appellant was ordered to deposit Rs. 7,000, the amount mentioned in the surety bond, by 5- 3-96. Aggrieved by that order the appellant has filed this appeal. It is also curious to note at this juncture that the Police filed a report to the effect that the said accused Sabha Jit Singh had been murdered and then the trial Court, after going through the said police report, ordered that the case had abated against the said accused. Learned counsel for the appellant submits that since the accused had been murdered and the trial Court had ordered for the abatement of the case on 1-6-96, the order passed by it on 22-1-96 remains of technical nature only; the appellant could not have produced the accused later on and under these circumstances the surety amount be reduced. I have also heard learned Addl. Government Advocate. Under the circumstances of the case the request of the learned counsel for the appellant appears to be proper. Thus, this appeal is partly allowed and the surety amount is reduced from Rs. 7000 to Rs. 3,000. Learned counsel for the appellant prayed for and is allowed two months' time to deposit it in the trial Court. Prayer is allowed. With these observations, appeal is partly allowed.
(3.) LET a copy of this order be given to the counsel for the appellant by tomorrow on payment of usual charges. Appeal partly allowed .;