HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against the order dated 09.01.2013 passed by the Sessions Judge, Ludhiana, whereby auction of the property of appellant-Harbans Singh was ordered to be fixed for 15.02.2013.

(2.) Appellant-Harbans Singh stood surety for accused-Shalu Kumar son of Joginder Kumar in case FIR No.55 dated 15.05.2009, under Sections 363/366-A IPC, registered at Police Station Dehlon, District Ludhiana. During trial, vide order ated 28.03.2011, the aforesaid accused-Shalu Kumar was declared proclaimed offender and separate proceedings under Section 446 Cr.P.C., were initiated against the accused and the present appellant, wh stood surety for him.

(3.) Thereafter, vide order dated 20.10.2012, the appellant was granted liberty to furnish surety bonds to the tune of Rs.1,00,000/- for revoking the sale warrants qua his property. In compliance of the said order, the appellant furnished the requisite surety bonds on 02.11.2012, which were accepted by the trial Court. Thereafter, vide order dated 10.12.2012 passed by the trial Court, the date for auction of the property was fixed for 02.01.2013. Feeling aggrieved, the appellant challenged the said order before this Court by filing Crl. Appeal No.3581-SB of 2012. In the meantime, the trial Court vide order dated 09.01.2013, fixed the next date for auctioning the property for 15.02.2013. Accused Shalu Kumar, in the meantime, appeared before the Judicial Magistrate, Ist Class, Ludhiana and was remanded to judicial custody on 11.01.2013.