Karim Shah and Another vs State of U.P.

Barkat Ali Zaidi, J.—The appellants are the sureties of accused Balveer Singh in S.T. No. 12 of 2001, u/s 8/15 N.D.P.S. Act, pending in the court of Addl. Sessions Judge, Court No. 9, Moradabad.

Pursuant to a warrant issued against the accused, the accused appeared on 31-1-2007 and was taken into custody by the Court but he escaped, in consequence whereof, the Court issued warrants against the sureties for recovery of the Surety Amount.

One of the surety Karim Shah, appeared on 28-11-2007 and moved an application for giving some time to trace the accused but the Trial Court rejected the application saying that the accused was absconding since long and had run away from the judicial Custody. The Trial Judge therefore reiterated it''s earlier order for issuance of warrant of recovery of surety amount of Rs. 25,000 against each surety.

They have, therefore, come in appeal here.

Heard Sri Ghanshyam Joshi, advocate for the appellants and Mohd. Israil Siddiqui, Additional Government Advocate for the State at the admission stage.

After the accused had been taken into custody, the liability of sureties came to an end. If he now absconds from the custody of the Court, the sureties cannot be held liable, because the liability came to an end, after the accused had been taken into custody.

The trial court was therefore not justified for proceeding against the sureties for recovery of the Surety Amount. The order of the Trial Court is unsustainable in law and is accordingly set aside.