K.NATH
Ram Asrey Tripathi – Appellant
Versus
State Of U. P. – Respondent
K. Nath, J.
1. THE appellant Ram Asrey Tripathi is a practising lawyer in Rae Bareli. One Ausan was standing trial for an offence under section 396 IPC in State v. Ausan, Sessions Trial No. 158 of 1980, in the Court of Ilnd Addl. Sessions Judge, Rae Bareli. In order to obtain his bail, surety bounds of Ausan's father, Bhola, and another person, purporting to be his maternal uncle, Mathura, were filed. THE appellant Ram Asrey Tripathi appended the following endorsement of identification of Mathura on the surety bond on 4-10-1979;
"Identified both the sureties (namely Bhola and Mathura) who have put their L. T. I. before me and are personally known to me and are fit sureties for the like amount (Rs. 5,000/-)". Subsequently, Ausan failed to appear for the purposes of trial. On enquiry been made, Mathura appeared before the court and denied having stood surety for Ausan. On being called upon by the learned Additional Sessions Judge to show cause in respect of false identification of Mathura who had denied having stood surety, the appellant filed a reply. Paper No. 18-B, explaining that the security bond had been accepted by the CJM not on account of identification by him, but on
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