Court No. - 47 Case :- CRIMINAL APPEAL No. - 3808 of 2010 Petitioner :- Laxmi And Another Respondent :- State Of U.P. Petitioner Counsel :- Sant Ram Sharma Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard the learned counsel for the applicants, the learned A.G.A.and perused
the record.
This criminal appeal has been preferred against the order dated 17.4.2010
passed by the Additional Sessions Judge/F.T.C. Ist, Banda in Criminal Misc.
Application No. 1/XI/2010, under Section 446 Crimional Procedure Code
whereby the sureties has been forfeitted and recovery warrant has been issued
agaisnt the sureties. From the perusal of the record it appears that despite
notices having been issued to the sureties they have not appeared or filed their
objections, therefore, forfeiture of the sureties has been ordered by the court
below. Learned A.G.A. has also contended that on account of non
compliance of the order and non-appearance the sureties has rightly been
forfeited by the court below.
Having considered the submissions of the learned counsel for the parties I
find no illegality in the order passed by the court below. However, the
applicants are directed to file their reply in accordance with law within a
period of one month from the date of receipt of a certified copy of this order.
For a period of one month from today the order dated 17.4.2010 shall be kept
in abeyance.
With the above directions the appeal is disposed of finally.
Order Date :- 14.6.2010
Shahnawaz