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Allahabad High Court

SHIV NARAIN AND OTHERSversusSTATE OF U.P.

Decided

Holding

The appeal is disposed of with a direction that the appellant deposit Rs. 3,000 before the trial court and be released thereafter.

Summary

The appellant had stood as surety for an accused in Sessions Trial No. 153 of 1981, furnishing a bond of Rs. 3,000. When the accused failed to appear, a criminal miscellaneous case was instituted under Section 446 of the Criminal Procedure Code and recovery warrants were issued against the appellant. The appellant filed an appeal against the Special Judge's order of 10‑03‑1986 directing the issuance of those warrants, but later expressed that he did not wish to contest the appeal on its merits and was ready to deposit the surety amount. The respondent A.G.A. raised no objection. The High Court, noting the appellant's willingness to comply, disposed of the appeal, directing the appellant to deposit Rs. 3,000 before the trial court and to be released thereafter if not required in any other case.

Issues considered

  • Whether an appeal against a recovery warrant under Section 446 Cr.P.C. can be disposed of without adjudicating its merits when the appellant consents to deposit the surety amount.

Legislation cited

Subjects

  • surety bond
  • recovery warrant
  • Section 446 Cr.P.C.
  • criminal appeal
  • non‑bailable warrant
  • deposit of surety
  • release of surety

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  CRIMINAL APPEAL No. - 1204 of 1986

Shiv Narain And Others
                                                           .....Appellant(s)
                                  Versus

State of U.P.
                                                          .....Respondent(s)

Counsel for Appellant(s)              :    G.P. Dixit, Sukesh Kumar
Counsel for Respondent(s)             :    A.G.A.

Court No. - 83
                  HON'BLE CHAWAN PRAKASH, J.

1. Mr. Pankaj Kumar Mishra, learned Counsel for appellant no.3 and
learned A.G.A. are present.

2. This appeal has been filed against the order dated 10.03.1986, passed
by the Special Judge, Etawah in Misc. Case No. 54 of 1985, whereby
recovery warrants were issued against the appellant.

3. This appeal has already been abated against the appellant nos. 1 and 2
by this Court vide order dated 01.08.2025.

4. Learned Counsel for the appellant no.3 submits that the present appeal
has been filed against the order dated 10.03.1986, passed by the Special
Judge, Etawah, in Misc. Case No. 54 of 1985. He further submits that the
appellant stood surety for the accused in Sessions Trial No. 153 of 1981
and furnished a surety bond in the sum of Rs. 3,000/-. Due to accused's
absence, recovery warrants were issued against him. He further submits
that on 22.07.2026, owing to the appellant's absence, this Court issued
non-bailable warrants against him and, in compliance with that order, he
was arrested on 10.08.2026. He further submits that he does not want to
press this appeal on merit. The appellant is ready to deposit Rs. 3,000/-
before the Trial Court and prays that this appeal may be disposed of
accordingly.

5. Learned A.G.A. has no objection to this proposition.

6. As per record, the appellant issued surety for accused in Sessions Trial
                                                                                            CRLA No. 1204 of 1986
                                                                   2


                                    No. 153 of 1981. As the accused failed to appear before the Trial Court, a
                                    Criminal Misc. Case No. 54 of 1985 was registered under Section 446 of
                                    Cr.P.C. and recovery warrants against the appellant was issued vide order
                                    dated 10.03.1986. As the appellant does not want to press this appeal on
                                    merit, hence, this appeal is disposed of with a direction that the appellant
                                    shall deposit Rs. 3,000/- before the Trial Court. After depositing the said
                                    amount, the appellant, Dhyan Singh, be released forthwith, if not
                                    required in other case.

                                    7. Let this order be communicated to the Trial Court concerned for
                                    necessary compliance by the Registrar (compliance).



                                                                                         (Chawan Prakash,J.)
                                    September 3, 2026
                                    Vijay




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

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