Jhanda alias Jhanda Singh vs State of U.P.

S.C. Jain, J.—Appellant, Jhanda alias Jhanda Singh, stood surety for accused, Naseer, who is facing trial before VII Addl. Sessions Judge, Muzaffarnagar in Sessions Trial No. 613 of 1992 (State v. Annu alias Anurag and Anr.)under Section 302, I.P.C. the accused absconded and thereafter as per allegations made in this appeal the Addl. Sessions Judge issued recovery certificate of the bail amount against the Appellant without cancelling the bail bond and forfeiting surety bond. According to the learned Counsel for the Appellant the procedure as laid down u/s 446, Code of Criminal Procedure has not been followed in this case.

My attention has been drawn towards the order passed by the Court concerned on 10.5.1994 by which non-bailable warrant and processes under Sections 82 and 83, Code of Criminal Procedure were ordered to be issued against the accused and recovery certificate against the surety was also ordered to be issued.

The learned A.G.A. points out that in case the mandatory provisions of Section 446, Code of Criminal Procedure have not been followed, recovery proceedings against this Appellant, Jhanda alias Jhanda Singh be quashed with a direction that after following the procedure as laid down u/s 446, Code of Criminal Procedure necessary orders be passed. This submission made by the learned A.G.A. is quite fair and, therefore, I allow this appeal and set aside the order of recovery against this Appellant, Jhanda alias Jhanda Singh, but order that the Court concerned after following procedure u/s 446, Code of Criminal Procedure shall pass necessary orders against the surety in accordance with law.

With these observations, this appeal is disposed off finally at the admission stage itself.

A copy of this order be sent to the Court concerned.