Ganga Sagar Singh vs State of U.P.

K.C. Bhargava, J.—This appeal has been filed against the order passed by the IInd Additional Sessions Judge Ballia in S.T. No. 181 of 1992 State v. Amor Nath and Ors.. However another appeal No. 1168 of 1994 has also been filed with the present case against the same order of the same Sessions trial court. According to the learned Counsel for Appellants no notice was served to intimate the Appellant to be present before the court.

Learned Counsel for the Appellants and learned A.G.A. has agreed that the appeal may be disposed of at this stage.

Learned Counsel for the Appellants has argued that they stood sureties for the accused in the present case. No notice was issued to the Appellant to be present in person before the court on particular date hence in absence of any notice Appellants did not appear before the court. Consequently their bail bonds were cancelled. It is further argued that sureties bonds were forfeited and notice has been Issued for realisation of the amount of the sureties bonds from them. The fact of the case shows that the court has forfeited sureties bonds due to non-presence of Appellants in the court. There is no mention in the order that any notice was issued to the Appellants for their presence before the Court. Unless Appellants were directed to produce the accused persons in the court, the action for forfeiture of sureties bonds by the court was not proper.

In view of above facts an opportunity should have been given to the Appellants to produce the accused in the court and If they had failed to do so only then order for forfeiting sureties bonds should have been passed.

Appeal is accordingly allowed and the order dated 27.6.84 passed in session trial No. 181 of 1992 against the Appellants pending before the court of the IInd Additional Sessions Judge, Ballia is set aside. However, it will be open to the learned Additional Sessions Judge to take fresh proceedings, if he thinks necessary. However it is directed that Appellants shall appear before the IInd Additional Sessions Judge, Ballia on 22.8.94.

Let a copy of this order be issued to the learned Counsel for the Appellants on payment of usual charges within a week. A copy of this order be transmitted to the court below within two weeks.