GULABO Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed to challenge order dated 26.9.2012 passed by Additional Sessions Judge, Fatehabad, whereby, penalty of Rs. 50,000/- has been imposed upon the appellant under Section 446 Cr.P.C.

(2.) Briefly the facts of the case are that petitioner-Gulabo stood surety to accused Naresh @ Chhoti, who was involved in case FIR No. 57 dated 25.3.2010 registered under Sections 398/401 IPC as well as Section 25 of Arms Act, 1959 at Police Station Bhuna. All the accused in the case were arrested and were granted regular bail. Accused Naresh Kumar @ Chhoti could not appear before the trial Court on 7.5.2012 as he was in custody at Central Jail, Kaithal in some other case and, therefore, production warrants were issued to secure his presence. Before execution of the aforesaid production warrants, said accused was shifted to Punjab in District Jail, Patiala. Again production warrants were issued on 14.2.2012 for 6.3.2013 against Naresh Kumar @ Chhotti and accordingly he was produced in custody in pursuance of the aforesaid production warrants issued by the trial Court on 20.3.2013.

(3.) A show cause notice was issued to the petitioner under 446 Cr.P.C. to show cause as to why penalty to the tune of Rs. 50,000/- be not imposed upon her for her failure to produce said accused as she was surety of said accused. In pursuance to aforesaid notice, appellant appeared before the Court on 22.8.2012 and sought time to produce the accused but because of non appearance of accused person penalty of Rs. 50,000/- was imposed upon her.