Raj Kumar Singh and Another vs State of U.P.

M.C. Jain, J.—This revision has been filed by two revisionists against the judgment and order dated 4.4.1998 passed by Sessions Judge, Hardwar, in Criminal Misc. Case No. 89 of 1997. Each of them has been directed to deposit Rs. 12,500 towards the surety bond executed by each of them.

Each of them had executed the surety bond of Rs. 20,000 for one Asgar. Accused Asgar absconded during the trial and the notices u/s 446, Code of Criminal Procedure were issued to the sureties (the present revisionists). Ultimately the recovery was issued against each of them for recovery of Rs. 20,000. The preferred appeal with an application u/s 5 of the Limitation Act which was dismissed by the impugned judgment.

It is argued for the revisionists that each of them had deposited Rs. 7,500 in Lok Adalat to which the State did not object. It is significant to point out that there could be no question for any settlement to reduce the amount to be realised from each of them after the recovery warrants had been issued against both of them for the realisation of Rs. 20,000 from each of them and after they had preferred an appeal before the Sessions Judge.

It is next argued for the revisionists that they are poor persons and it would be beyond their means to deposit Rs. 12,500 as balance of the amount of the surety bond. The fact is that the revisionist have not denied their liability under the surety bonds. They have not demonstrated any attitude to get away from their liability. Having regard to all the facts and the circumstances and having heard the learned Counsel for the State also (who has not filed any counter-affidavit in spite of opportunity), I think it is proper to remit the amount to be recovered from each of the revisionists by Rs. 7,500 each. That means to say, each of them would pay further payment of Rs. 5,000. In this way. each of them would pay Rs. 12.500 (Rs. 7,500 deposited in Lok Adalat Rs. 5,000 to be deposited now). Such deposit should be made by each of them by 30.6.1999. In case the amount is not deposited by each of them, the benefit of remission granted by this Court would not be available to them and the recovery warrant shall be issued against each of them for recovery of Rs. 12,500 from each of them. The Revision is disposed of accordingly.