CourtKutchehry.com
High Courts

Chet Ram and Anr. vs State of U.P.

Allahabad High Court · Decided on 13 January 1993 · Citation: (1993) 01 AHC CK 0052

HON’BLE JUDGES
Virendra Saran, J
RESULT
Partly Allowed
CASE NUMBER
Criminal Appeal No. 1663 of 1986
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 357 words

Virendra Saran, J.—Appellants Chetram and Ashram have filed this appeal against the Border, dated 1st Additional District and Sessions Judge, Saharanpur in Criminal Misc. No. 1 of 1985.

2.

I have heard the learned counsel for the appellants and the learned State Counsel.

3.

Appellants stood surety for accused Mukhtyar in S. T. No. 299 of 1984 which was pending in the court of 1st Additional District and Sessions Judge, Saharanpur. On 1291985 Mukhtyar absented and the learned Judge issued nonbailable warrants for the arrest of Mukhtyar and directed that the notice be issued to the appellants to show cause why the amount of their bail bonds which was Rs. 5,000 each may not be realised from them. Learned court fixed 16111985 for the trial but prior to that on 16111985 Mukhtyar appeared in the Court and he was again released on bail by the learned Judge: Since the appellants did not show any cause, the learned Judge on 2911986 directed that the entire amount of Rs. 5,000 may be realised from the appellants. Thereafter the appellants made an application that the penalty amount may be remitted but their applications were rejected by the learned Judge on 2841986 on the ground that the earlier order was also appealable order. The appellants have now come up in appeal.

4.

In view of the fact that the accused Mukhtyar himself surrendered on 16101985 and that he was again released on bail and has been acquitted on 921989, in my opinion, the ends of justice would be met, if a sum of Rs. 500 each as penalty amount, is realised from the appellants.

5.

In the result, the appeal is partly allowed, The penalty amount of Rs. 5,000 from each of the appellant is reduced to Rs. 500. The appellants are granted 6 weeks'' time to deposit the amount of Rs. 500 each, failing which the court may proceed to realise the same.

6.

The record of S. T. No. 299 of 1984 which was summoned in connection with this appeal shall be returned to the court of 1st Additional District and Sessions Judge, Saharanpur within 10 days from today.