Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4989 of 2010 Petitioner :- Smt. Sushila & Another Respondent :- State Of U.P. Petitioner Counsel :- Dharmendra Singhal Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the appellants and the learned A.G.A.
This appeal has been filed by the appellant Smt. Sushila and Suneel with
a prayer to quash the order dated 2.7.2010 passed by the learned
Additional Sessions Judge, fast Track Court No.1 Saharanpur in S.T. No.
157 of 2005 and the order dated 13.7.2010 passed in Misc. Case No. 2 of
2010 under section 446 Cr.P.C. whereby the sureties have been forfeited
and penalty of Rs. 50,000/- has been imposed on each of them and they
have been directed to deposit the same.
From the perusal of the record it appears that the appellants who were
surety of the co-accused Body alias Digpal, who did not appear in the
court concerned since 14.5.2010 to 13.7.2010, on 13.7.2010 he appears
before the court concerned, the learned trial court has not committed any
error in forfeiting the bail bonds but the order of penalty requires
interference by this court because the co-accused has appeared before the
court on 13.7.2010, therefore, the amount of penalty of Rs. 50,000/- is
reduced to Rs. 10,000/-
With this direction this appeal is finally disposed of.
Order Date :- 3.8.2010
N.A.