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2024 Supreme(All) 53

SHAMIM AHMED
Daya Ram – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhishek Ranjan.

JUDGMENT :

1. List of cases has been revised and the case is being taken up in the revised call for hearing.

2. Heard learned counsel for the parties.

3. This is an appeal under Section 449 Cr.P.C. against the judgment and orders dated 30.06.2008 and 02.08.2008 passed by learned Additional District Judge / Fast Track Court-III, Faizabad exercising the power under Section 446 Cr.P.C. in Criminal Misc. Case No.8 of 2008, initiated in Original Sessions Trial No.29/2008, under Sections 41/411/413 I.P.C. connected with Sessions Trial No.27 of 2008, under Section 4/25 of Arms Act, Police Station G.R.P., District Faizabad by means of which the surety bonds of the appellants have been forfeited.

4. Learned counsel for the appellant submitted that in the above F.I.R., the accused Ram Ashish was implicated and he was enlarged on bail by the learned court below. He further submitted that the accused is son of the servant of appellants, as such, the appellants took the surety of accused Ram Ashish and submitted the surety bonds of Rs.10,000/- each.

5. He further submitted that in the month of April, 2008, due to non appearance of accused Ram Ashish before the trial court, the learned court below is

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