MEHAR RAM @ MEHAR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned counsel for the parties. The appeal has been filed by the appellant Mehar Ram @ Mehar Chand against the judgment and order dated 15.10.2009 passed by the learned Special Judge, Ferozepur, whereby the appellant has been imposed penalty of Rs.1,00,000/- for the absence of the accused Kulmohan Singh @ Fauji for whom the appellant stood surety. The appellant was ordered to deposit the amount of penalty on 15.10.2009 itself and if he failed to deposit the same, recovery proceedings, as per law, were ordered to be initiated against him. The recovery proceedings are now going on. Alongwith the appeal, a criminal miscellaneous application has been filed, seeking condonation of 280 days' delay in filing the appeal.

(2.) The appellant Mehar Ram @ Mehar Chand stood surety for accused Kulmohan Singh @ Fauji on 5.11.2008. The appellant executed a surety bond for a sum of Rs.1,00,000/- undertaking to produce Kulmohan Singh @ Fauji before the Court on each and every date of hearing and in default thereof, he bound himself to pay the amount of surety bond.

(3.) Kulmohan Singh @ Fauji is an accused in case FIR No.106 dated 12.7.2006 registered at Police Station Guru Har Sahai, District Ferozepur for the offences under Sections 148/302 read with Sections 149 and 120-B of the Indian Penal Code (for short 'the IPC'). The said FIR was registered on the statement of Gurmeet Kaur against as many as 10 accused. In the incident, which had occurred on 11.7.2008, Daljit Singh, brother of the complainant Gurmeet Kaur was murdered. Learned Additional Sessions Judge, Ferozepur vide order dated 21.1.2011 convicted the accused for the offences under Sections 148/302 read with Section 149 and 120-B IPC. The accused were sentenced to undergo imprisonment for life for the offence punishable under Section 302; besides, to undergo imprisonment for 2 years for the offence under Section 148 IPC. The sentences were, however, ordered to run concurrently.