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2021 Supreme(HP) 647

SANDEEP SHARMA
Ram S/o Shri Mangru Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rameshwari Sharma.
For the Respondents: Sudhir Bhatnagar, Narender Thakur.

JUDGMENT :

SANDEEP SHARMA, J.

1. Instant appeal filed under Section 449 Cr.P.C. lays challenge to order dated 3.5.2018, passed by the learned Special Judge-III, Mandi, H.P. in Session Trial No. 55/16/15, titled State of H.P. vs. Udham Singh and in respect of State vs. Siri Ram (Annexure A-2), whereby penalty in the sum of Rs. 1,00,000/- came to be imposed upon the appellant-surety on account of his failure to cause production of the accused in the court during trial.

2. Precisely, facts of the case as emerge from the record are that FIR No. 16 of 2015, dated 8.1.2015, under Section 20 of NDPS Act, was registered against the accused Udham Singh, at P.S. Sundernagar, District Mandi, H.P. Above named Udham Singh filed an application for grant of bail, wherein present appellant stood as surety. Since despite notice, accused Udham Singh failed to put in appearance in trial, vide order dated 20.2.2018, NBWs were issued against him returnable for 31.3.2018. Besides above, court below while passing order dated 20.2.2018, forfeited the surety bonds furnished by the appellant surety and issued notice to him under Section 446 of the Cr.P.C. On 31.3.2018, NBWs issued against the main accused Udha

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