Himmat Singh vs State of Rajasthan - 2023 Supreme(Raj) 2145

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2145

FARJAND ALI
Himmat Singh – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Kapil Gupta Advocate
For the Respondent: Mr. C.G. Chopra, PP

ORDER :

Farjand Ali, J.

By way of filing instant appeal under Section 449 Cr.P.C., challenge has been made to the order dated 20.01.2023 passed by learned Additional Session Judge No.3, Bharatpur in criminal misc. case No. 56/2021 whereby the learned Judge has dismissed the application filed by the appellant under Section 446 (3) Cr.P.C. and issued recovery warrant.

2. Learned counsel for the appellant submits that the appellant is poor villager and since the accused Tikam Chand is the nephew of the appellant and therefore under the bonafide faith, upon insistence of Tikam Chand, he agreed to furnish bail bonds. Later on because of non appearance of accused Tikam Chand, his bail bonds were forfeited by the learned appellate Court and thus warrant of arrest was issued against him. It is further contended that because Tikam Chand implored the accused to become his surety by saying that there was a dispute of amount in between him and the other party and for that a cheque related case was pending in the Court. A notice under Section 446 Cr.P.C. was issued against the appellant. The appellant did his level best to trace and produce accused Tikam Chand before the Court but his efforts we

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