GOPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed in challenge to order dated 3.8.2009 passed by the Additional Sessions Judge, Kapurthala.

(2.) It transpires that petitioner namely, Gopal Kaur, stood surety for accused Gurpreet Singh @ Gopi son of Dara Singh at the point in time when the said person was allowed bail. Gurpreet Singh @ Gopi (accused) was required to appear before the Trial Court. Gurpreet Singh however was lodged in District Jail, Kapurthala in another case bearing FIR No.7 dated 16.1.2008 under Sections 395, 342 IPC and Section 25 of Arms Act registered with Police Station, Kotwali, Kapurthala. Warrants of arrest of Gurpreet Singh were issued. The same were received unexecuted with the report that Gurpreet Singh is lodged in Jail in the case noticed above. It is thereafter that the Trial Court issued production warrant of Gurpreet Singh @ Gopi for 10.9.2009.

(3.) It seems that in the meantime, notice to surety was issued under Section 446 Cr.P.C. Gopal Kaur, however, she did not put in appearance. The Trial Court for not appearance of Gopal Kaur in Court on the scheduled date, imposed penalty of Rs. 40,000/- i.e. the amount for which surety bond had been executed. Vide the impugned order, warrants of attachment of property of Gopal Kaur have also been issued.