Allahabad High Court
CRLA/1204/1986 of SHIV NARAIN AND OTHERS Vs STATE OF U.P. on 2 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1204 of 1986 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,
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1204 of 1986
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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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 Versus Counsel for Appellant(s) : G.P. Dixit, Sukesh Kumar Counsel for Respondent(s) : A.G.A. Shiv Narain And Others .....Appellant(s) State of U.P. .....Respondent(s)
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). September 3, 2026 Vijay CRLA No. 1204 of 1986 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad