JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal lays challenge to order dated 5.3.2013 passed by the Court of Additional Sessions Judge, Kapurthala, whereby the bank guarantee furnished by Joginder Singh for ensuring the presence of Kewal Singh, an accused of FIR No. 284 dated 30.10.1985 for offence under Sections 326, 324, 323, 148, 149 IPC registered at Police Station Sultanpur Lodhi, who was permitted to go abroad, vide order dated 24.12.2012, has been forfeited to the State.

(2.) Briefly stated, Kewal Singh was permitted to go abroad on the ground of his illness and medical treatment with a permission to stay there till 15.1.2013 on furnishing of a bank guarantee in the sum of Rs. 5 Lacs. Joginder Singh, the present appellant and admittedly the son-in-law of Kewal Singh, furnished the bank guarantee. An application was filed for extension of period of stay of Kewal Singh in foreign country, which was allowed by the Court permitting Kewal Singh to stay abroad up to 5.3.2012 subject to the conditions imposed, vide order dated 24.12.2012. Kewal Singh failed to come back to India on or before 5.3.2012. Another application was filed seeking extension of period of stay abroad on the premise that Kewal Singh has been convicted for a period of 18 months as he failed to deposit the income tax in Canada and an order dated 27.2.2013 received by fax purported to be passed by an authority i.e. Prince George British Columbia, was placed on record. The application seeking extension of time was declined, vide impugned order and the bank guarantee furnished by the appellant was ordered to be forfeited to the State.

(3.) Counsel for the appellant submits that as over stay of Kewal Singh at Canada is due to unanticipated circumstances which otherwise are beyond the control of the appellant as well as Kewal Singh, the learned trial Court has committed an error in declining the application for extension of stay of Kewal Singh at Canada and forfeiting the bank guarantee furnished by him. It is further submitted that as Kewal Singh has been imposed a sentence of 18 months to be served in the community, Kewal Singh is not permitted to come back to India rendering the appellant helpless to ensure his presence before the Court in compliance with the terms and conditions of order dated 24.12.2012.