Om Prakash and Another Vs State of U.P.

Court No. - 14

Case :- CRIMINAL APPEAL No. - 53 of 2002

Appellant :- Om Prakash & Another Respondent :- State Of U.P. Counsel for Appellant :- A.K. Sachan Counsel for Respondent :- Govt. Advocate

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Hon'ble Umesh Chandra Tripathi,J.

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Heard Sri A.K. Sachan, learned counsel for the appellant and Sri L.D. Rajbhar, learned A.G.A., for the State.

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This appeal under Section 449 Cr.P.C., has been filed against the order dated 8.11.2001 passed by Additional Sessions Judge, Pilibhit in Misc. Case No. 1 of 2001 (State Vs. Om Prakash and another) whereby appellants/sureties Om Prakash and Foolmati were directed to deposit the sureity money i.e. Rs. 25,000/- each.

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Learned counsel for the appellants contended that appellants have arrested accused Bankey and produced before the court and thereafter the accused Bankey has been convicted by the learned trial court and he is in jail. Therefore, after conviction, the fine amount imposed upon the appellants/sureties may be remitted back.

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Learned A.G.A., has opposed the appeal and contended that there is no infirmity or illegality in the impugned order passed by the learned trial court.

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Appellant Om Prakash son of Munna Lal has submitted affidavit before the court that on dasti warrants issued by the court, they arrested the accused Bankey and produced before the court and the accused Bankey has been convicted by the learned trial court.

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In such circumstances, it appropriate to remit a portion of penalty amount.

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Accordingly, this criminal appeal is partly allowed . Out of penalty amount i.e. Rs. 25,000/-, the sum of Rs. 10,000/- is remitted.

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Appellants/sureties Om Prakash and Foolmati are directed to deposit Rs. 15,000/- each before the learned trial court after adjusting the amount which have already been deposited i.e. Rs. 5,000/- each by them in compliance of order dated 18.1.2002 passed by this Court.

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Order Date :- 11.1.2018 Jaswant

Om Prakash and Another v. State of U.P.

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Om Prakash and Another v. State of U.P.

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