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2011 Supreme(Chh) 182

SUNIL KUMAR SINHA
GIRDHARI LAL – Appellant
Versus
STATE OF M. P. – Respondent


Advocates appeared:
Mr. Uttam Pandey, Advocate, for the Appellants.
Mr. Satish Gupta, Govt. Advocate, for the State.

ORDER

1. These appeals have been filed against a common order dated 28th of June, 1994 passed in Misc. Judicial Cases (Criminal) No(s) 1/90 & 2/90 by the First Additional Sessions Judge, Bilaspur. By the impugned order, the learned Sessions Judge has imposed the penalty of Rs.10,000/- upon each appellant after rejection of their plea against the show-cause issued to them on account of default of appearance of accused-Chhattar Singh in Sessions Trial No. 96/88 for whom they stood as sureties. The above Sessions Trial is still pending as the accused has not been arrested till date.

2. The facts, briefly stated, are as under:

Chhattar Singh is the sole accused in Sessions Trial No. 96/88 of the Court of First Additional Sessions Judge, Bilaspur. He was prosecuted u/s 302 IPC. The 2 appellants are the sureties of accused-Chhattar Singh in Sessions Trial No. 96/88. They executed surety bonds of Rs.10,000/-each on 12.9.86. Appellant-Ram Prasad is father of accused-Chhattar Singh and appellant- Girdharilal is real brother of accused-Chhattar Singh. Chhattar Singh participated in proceedings of Sessions Trial till November, 1988. Thereafter he remained absent on many occasions and ultimately











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