BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the impugned order dtd. 23/4/2001 (Annexure P-2) passed by the Court of Sessions Judge, Sonipat, whereby, a penalty of Rs.1,00,000.00 has been imposed on the appellant under Sec. 446 of the Code of Criminal Procedure 1973 for not producing the accused Raj Singh before the trial Court.

(2.) Learned counsel for the appellant argued that Raj Singh son of Om Parkash resident of village Saidpur, District Sonipat was facing trial in case FIR No. 73 dtd. 4/4/2000 under Ss. 302, 307, 326/34 IPC and Sec. 25 of the Arms Act, Police Station Kharkhoda. His real brother Suresh had expired on 28/3/2001 and he had applied for interim bail. Raj Singh was allowed interim bail and was directed to surrender before the Court on 4/4/2001. However, on 4/4/2001, Raj Singh did not appear before the trial Court as per the directions of the Court. Later on, Bhim Singh, appellant was directed to produce Raj Singh before the trial Court and since he failed to produce Raj Singh before the Court, vide order dtd. 23/4/2001, a penalty of Rs.1,00,000.00 was imposed on him for not producing Raj Singh before the trial Court. Learned counsel for the appellant argued that the appellant was an agriculturist and had no other source of income except the agricultural land. He further contended that even an excessive amount of Rs.1,00,000.00 had been imposed on the appellant and he was unable to pay the same. Learned counsel further contended that after some time, Raj Singh was arrested and the appellant had made sincere efforts for securing the presence of Raj Singh before the trial Court. Moreover, vide judgment and order 2/6/2003 and 5/11/2003, respectively, the Court of Additional Sessions Judge, Sonipat had convicted Raj Singh and his co-accused for the commission of offences under Ss. 302, 307/34 IPC and Sec. 25 of the Arms Act and they were sentenced to undergo imprisonment for life.

(3.) On the other hand, learned State Counsel has vehemently opposed the prayer made by learned counsel for the appellant and prayed for dismissal of the appeal.