Allahabad High Court
Yogendra Singh And Anr. vs State Of U.P. on 16 September, 2019
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 68 Case :- CRIMINAL APPEAL No. - 5394 of 2019 Appellant :- Yogendra Singh And Anr. Respondent :- State Of U.P. Counsel for Appellant :- Rizwan Ahmad,Mazhar Ullah Counsel for Respondent :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
1. Supplementary affidavit filed today by learned counsel for the appellants is taken on record.
2. Heard Shri Mazhar Ullah, learned counsel for the appellants and learned AGA for the State.
3. This appeal has been filed against the judgement and order dated 27.06.2019 passed by the Additional District and Sessions Judge/FTC, Amroha, in S.T. No. 392 of 2015, (State Vs. Manoj), arising out of Case Crime no. 418 of 2015, under sections 420, 467, 468, 273, 272 IPC and section 60 Excise Act, Police Station Gajraula, District Amroha by which the learned court below has rejected the application of the appellants seeking relief to drop the proceedings under section 446 Cr.P.C., in view of the fact that the accused persons have already been arrested and sent to jail.
4. The submission of the learned counsel for the appellants is that the accused persons of whom appellants have been sureties of Rs. 70,000/- each was already arrested and, therefore, the application was given to drop the proceedings, as the purpose to initiate proceeding had already been accomplished with the arrest of the accused, but the learned court below without considering the facts and situation passed the impugned order which is illegal, arbitrary and not sustainable under law and the same should be set aside.
5. From the perusal of the impugned order dated 27.06.2019 which has been passed by Additional District & Sessions Judge (FTC),I, Amroha on the application of the appellants reads as under:
" आज जामिनान योगेन्द्र व विक्रम सिंह की ओर से प्रा0 पत्र0 धारा 446 Cr.PC समाप्त किये जाने तथा जमानत के दायित्व से उन्मोचित किये जाने हेतु प्रस्तुत हुआ आदेश हुआ कि आधार पर्याप्त नहीं है। अत: प्रा0 पत्र निरस्त किया जाता है।
पत्रावली नियत तिथि को पेश हो।".
6. Without entering into the merits of the appeal, considering the fact that the order passed by the learned court below is seemingly not well discussed and reasoned, and the fact that the accused appeared and was sent to jail, was not taken into consideration. The purpose of taking the proceedings under section 446 Cr.P.C. is solely for the purpose to ensure attendance of the accused persons and the purpose is not to punish the sureties. It is correct that the surety amount was earlier forfeited but the learned court below should have considered the application of the appellants in the right perspective and exercising the power vested in him by law, he could either drop the proceedings or if at all it was necessary, he could even direct for reduction of the surety amount. By not considering both the course to be under taken, I find that the impugned order has become arbitrary also because that no reason has been put forward in the impugned order.
7. Hence, this criminal appeal is finally disposed of with the direction that if within 30 days from the receipt of the certified copy of this order, appellants file a fresh application explaining the reasons, the same shall be disposed of by the learned trial court taking a sympathetic view in accordance with law and in view of above observation made by this Court.
Order Date :- 16.9.2019 Bhanu