KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment dated 25.05.2013 passed by Sessions Judge, Ferozepur, wherein, the order for attachment of the property of surety (the present appellant) has been passed.

(2.) Briefly, the facts of the case are that one Tara Singh, who was accused in case FIR No.26 dated 23.02.2012 under Section 304 Part-II, 279, 337, 338, 427 and 429 IPC registered at Police Station Zira, District Ferozepur, was granted concession of regular bail. At the time of granting regular bail, he furnished his personal bonds and the present appellant stood surety on his behalf in the sum of Rs. 40,000/-. On 12.03.2013, accused Tara Singh did not come present before the Court in spite of calling the case on two occasions. Thereafter, his bail bonds were cancelled and forfeited to the State. Warrants of arrest of the accused were issued and the proceedings under Section 446 Cr.P.C were initiated against the accused as well as his surety and for that, notice was issued to them.

(3.) Learned counsel for the appellant submits that the appellant made all efforts in this regard on that very day and accused Tara Singh was got recovered and was surrendered before the trial Court. He was thereafter taken into custody on that day itself. Learned counsel also submits that despite the surrendering of accused, the proceedings were initiated against the appellant under Section 446 Cr.P.C. Even the accused was released on regular bail on 23.04.2013. Learned counsel further submits that the proceedings of attachment of the land of appellant bearing khasra no.207 measuring 37 kanal 18 marla to the extent of 170/798 share in favour of Punjab Government in lieu of Rs. 40,000/- were ordered to put on auction. Learned counsel also submits that the order is not only harsh but penalty of Rs. 40,000/- is also on the excessive side.