GURDEV KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) One Sukhwnder Singh was convicted in a case FIR No. 39 dated 10.08.2003 under Sections 302/364/34 IPC, registered at Police Station Talwandian, District Kapurthala, by the learned Additional Sessions Judge, Kapurthala, vide judgment dated 10.03.2005 and while undergoing life imprisonment. He was ordered to be released on parole of four weeks. He was ordered to be released on furnishing surety bonds in the sum of Rs. 50,000/-.

(2.) One Sarban Singh (Predecessor-in-interest of the appellants) had furnished the surety bond on 3.3.2006 for the release of the aforesaid convict on parole of 04 weeks. He was released on 10.04.2006 and was to return to jail on 09.05.2006. Since the aforesaid Sukhwinder Singh did not surrender on expiry of the parole period, proceedings against the surety/appellant were initiated under Section 446 Cr.P.C. He submitted his reply which was not found satisfactory and vide impugned order dated 12.07.2006, was directed to deposit a sum of Rs. 50,000/- Thereafter, he was directed to deposit a sum of Rs. 50,000/- in the Government Treasury by the District Magistrate.

(3.) Sarban Singh aggrieved against the order of the District Magistrate, Kapurthala, filed an appeal on 8.8.2006. During the pendency of the appeal, Sarban Singh died on 30.08.2007. His LRs (petitioners) were brought on record in the proceedings before the Additional Sessions Judge, Kapurthala. Before the appellate authority, petitioners did not raise any objection that the order of the District Magistrate, directing to deposit a sum of Rs. 50,000/- suffers from any illegality. The only contention raised was that they were not liable to pay the amount in question. The said appeal was dismissed by the aforesaid Court vide judgment dated 13.11.2009. While passing the aforesaid order, the Additional Sessions Judge, observed as under:-