Heera Lal and Another v. State of U.P.

Allahabad HC17 Mar 2026CRLA/294/1987

Case brief

AI extract

What is this about?

Section 446 Cr.P.C.; forfeiture of surety bonds; penalty Rs.5000/- each; abatement of criminal appeal on death of appellant; deposit of fine amount; appeal not pressed on merits; IInd Additional Sessions Judge, Banda; Criminal Misc. Case No.2/XII of 1986; CRLA No. 294 of 1987; High Court of Judicature at Allahabad; disposed of.

What did the court decide?

The criminal appeal filed on behalf of appellant no.2-Moti Lal stands abated, as he died during the pendency of the appeal. ¶¶7

Heera Lal and Another Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

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Reserved on 3.12.2025 Delivered on 18.3.2026

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 294 of 1987

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Heera Lal And Another	Versus .....Appellant(s)
State of U.P.	.....Respondent(s)
Counsel for Appellant(s)	: Ramesh Chandra Dwivedi, V.B. Rao
Counsel for Respondent(s)	: A.G.A.

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Court No. - 51

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HON'BLE ANIL KUMAR-X, J.

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This criminal appeal was filed on behalf of the appellants - Heera Lal and Moti Lal with a prayer to allow the appeal and set aside the order dated 13.1.1987 passed by IInd Additional Sessions Judge, Banda in Criminal Misc. Case No.2/XII of 1986 (State vs. Heeral Lal & Ors.) under Section 446 Cr.P.C. whereby the surety bonds were forfeited and penalty for realisation of forfeited bonds of Rs.5000/- each was imposed on the appellants.

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It appears that during the pendency of this appeal, a report dated 11.4.2019 was submitted by the Chief Judicial Magistrate, Banda informing that appellant no.2-Moti Lal has already died. Hence, this appeal filed on behalf of appellant no.2-Moti Lal is declared abated .

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From the order-sheet, it transpires that a report from the concerned court was called by the order dated 23.9.2025 as to whether amount of surety bonds has been deposited by the appellants or not. In this regard, a report was submitted by the concerned court in which it was submitted that both appellants have deposited the amount of Rs.5000/- which was

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CRLA No. 294 of 1987

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imposed upon them by the concerned trial court vide its order dated 13.1.1987.

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Shri Ramesh Chandra Dwivedi, learned counsel for the appellants submitted that as the appellants have already deposited the amount of fine imposed upon them, he does not want to press upon merits of this case.

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As the amount of fine has already deposited by the appellants in pursuance of the impugned order dated 13.1.1987, no useful purpose would be served in continuing the proceedings.

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Accordingly, this criminal appeal is disposed of .

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(Anil Kumar-X,J.)

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March 18, 2026 SK

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Heera Lal and Another v. State of U.P.

Case brief

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Heera Lal and Another v. State of U.P.

Case brief

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