Bir Singh vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(HP) 156

VIRENDER SINGH
Bir Singh – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Appellant : Mr. Ajit Sharma.
For the Respondents: Mr. Tejasvi Sharma.

JUDGMENT :

Virender Singh, J.

Appellant-Bir Singh has filed the present appeal, under Section 449 (ii) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), against the order, dated 11th April, 2023, passed by the Court of learned Special Judge, Mandi, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’) in Cr.MA No. 193 of 2023, titled as State of H.P. versus Bir Singh.

2. The order impugned herein has been passed in proceedings, under Section 446 CrPC, in Sessions Trial No. 10 of 2021, titled as State of H.P. versus Melwin Benny Aarons. These proceedings were initiated in FIR No. 197 of 2020, registered at Police Station Aut, District Mandi, H.P.

3. According to the appellant, accused-Melwin Benny Aarons, in case FIR No. 197 of 2020, dated 21st January, 2020, moved the application, under Section 439 CrPC, which was allowed and thereafter, the appellants stood as surety for him. When, accused-Melwin Benny Aarons failed to appear before the learned trial Court, on 18th March, 2022, non-bailable warrants were issued by forfeiting his surety bond to the State of Himachal Pradesh. Thereafter, the proceedings were initiated under Section 446 CrPC.

4. Since, t