Court No. - 54 Case :- APPLICATION U/S 482 No. - 11244 of 2010 Petitioner :- Smt. Munni Devi Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with prayer to quash the order dated 25.2.2010
passed by Additional Sessions Judge, court no. 7, Bulandshahr in case crime
no. 29 of 2004, S.T. no. 1231 of 2009, under Section 364 I.P.C. whereby the
bond furnished by the applicant has been forfeited, issued the recovery
warrant and non bailable warrant against the applicant.
From the perusal of the record it appears that the applicant is first informant
of this case, she is witness also but she is not appearing in the court to depose
the evidence, she has given the undertaken and furnished the bond of Rs.
25000/- before the court concerned. She had lodged the F.I.R. in case crime
no. 29 of 2006, under Section 364 I.P.C. but deliberately she did not appear
before the court concerned that is why the bond furnished by the applicant has
been forfeited and she has been directed to deposit the amount of Rs. Twenty
five thousand. Non bailable warrant has been issued against the applicant. The
learned Trial court has not committed any error in passing the order dated
25.2.2010. Therefore, the prayer for quashing the impugned order is refused.
However, considering the facts that the applicant is the first informant of this
case, some lenient view should be taken against her. Therefore, it is directed
that applicant shall appear before the court concerned within 15 days from
today and furnish her bond before the court concerned with regard to the
personal attendance in the court, whenever the court requires, in case she
appears before the court concerned and furnishes the bond, and undertaking
that she shall appear before the court as directs the court ever till the
compulsion of the trial, the order dated 25.2.2010 shall be kept in abeyance, in
its default the order dated 25.2.2010 shall be effective.
With this direction, this application is finally disposed of.
Order Date :- 2.4.2010
F.H.