Allahabad High Court
HEERA LAL AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The appeal was disposed of because the appellants had already paid the fine, rendering further proceedings unnecessary.
Summary
The appellants, Heera Lal and Moti Lal, appealed against an order dated 13‑January‑1987 of the IInd Additional Sessions Judge, Banda, which forfeited their surety bonds and imposed a penalty of Rs.5,000 each under Section 446 of the Criminal Procedure Code. During the pendency of the appeal, the court was informed that appellant Moti Lal had died, leading to the abatement of the appeal with respect to him. The trial court later reported that both appellants had deposited the stipulated fine. Counsel for the appellants argued that, having paid the fine, there was no merit in continuing the proceedings. The High Court held that, since the fine was already paid, continuing the appeal would serve no useful purpose and consequently disposed of the appeal.
Issues considered
- Whether an appeal against a forfeiture order under Section 446 Cr.P.C. can proceed after the appellant has paid the imposed fine.
- Effect of the death of a co‑appellant on the continuation of a criminal appeal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 446
Subjects
- criminal appeal
- surety bond forfeiture
- Section 446 CrPC
- fine payment
- abated appeal
- death of appellant
Judgment
Reserved on 3.12.2025
Delivered on 18.3.2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 294 of 1987
Heera Lal And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Ramesh Chandra Dwivedi, V.B. Rao
Counsel for Respondent(s) : A.G.A.
Court No. - 51
HON'BLE ANIL KUMAR-X, J.
1. 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.
2. 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.
3. 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
CRLA No. 294 of 1987
2
imposed upon them by the concerned trial court vide its order dated
13.1.1987.
4. 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.
5. 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.
6. Accordingly, this criminal appeal is disposed of.
(Anil Kumar-X,J.)
March 18, 2026
SK
Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad
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