LAWS(P&H)-2003-8-58

HAZARA SINGH Vs. STATE OF PUNJAB

Decided On August 06, 2003
HAZARA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order dated 5.7.1995 passed by learned Additional Judge (Designated Court), Amritsar in Session Case No. 216 of 1991 vide which the appellant-Hazara Singh has been ordered to pay Rs. 15,000/- as penalty recoverable as fine being surety of accused Mohan Lal, in the proceedings under Section 466 of the Code of Criminal Procedure.

(2.) THE facts of this case are that Hazara Singh, appellant, stood surety for Mohan Lal accused in case FIR No. 168 of 1990 of Police Station B Division, Amritsar under Sections 399/402 IPC - State v. Kulwant Singh etc. on 20.12.1990 by executing surety bonds in favour of the State in the sum of Rs. 15,000/- undertaking to produce Mohan Lal accused on each and every date of hearing failing which he further undertook that he will pay the amount of Rs. 15000/- to the State. Accused Mohan Lal absented himself on 7.4.95. His bail order was cancelled and personal and surety bonds were forfeited to the State. Notice was issued to the appellant. He appeared and was served with notice under Section 446 Cr.P.C. on 1.6.1995. He requested for adjournment to produce evidence and case was adjourned to 5.7.95 on which date, he did not appear personally nor any body else came present on his behalf.

(3.) LEARNED counsel for the appellant has argued that the present appellant stood surety for Mohan Lal who absented himself on 7.4.1995 and appeared on the next date of hearing. No defence evidence was led by the appellant and he has been burdened with the full amount of surety of Rs. 15,000/-. But, when the accused has come present on his own on the next date of hearing, surety should not be burdened with such heavy liability.,