Lakhan vs State of Uttar Pradesh - 2024 Supreme(All) 1556

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1556

SHAMIM AHMED
Lakhan – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Anil Kumar Singh
For the Respondent: G.A.

JUDGMENT :

Shamim Ahmed, J.

1. Heard learned counsel for the parties and perused the material available on record.

2. This appeal is filed under Section 449 of the Criminal Procedure Code (Cr.P.C.) against the judgment and order dated 25.01.2006 passed by the court of learned Additional Session Judge, Hardoi.

3. Learned counsel for appellants has submitted that the appellants stood as sureties for the accused in Criminal Case No. 199/97. Upon the accused’s failure to appear in court, the surety amount of Rs. 10,000/-was ordered to be forfeited. The learned Additional Session Judge, Hardoi, issued a recovery warrant for the said amount through the order dated 25/01/2006, rejecting the appellants' application for reconsideration

4. Learned counsel for appellants has further submitted that as soon as the appellants received the information about the abscond of the accused, they made their best efforts to surrender the accused before the court.

5. Learned counsel for appellants has further submitted that the order dated 25/01/2006 passed by the learned Additional Session Judge, Hardoi, is unjustified both in law and in fact.

6. Learned counsel for appellants has further submitted that the lea