MILKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Milkhan Singh had stood surety for Anup Singh who was being tried under section 61(1) (a) of the Punjab Excise Act, and had been ordered to be released on bail. Ultimately he was arrested on January 7, 1983 and produced before the Court of the Judicial Magistrate First Class, who convicted him for the offence aforesaid and instead of sentencing him to imprisonment or fine, directed his release on probation on furnishing of personal bond in the sum of Rs. 2000/ - with one surety in the like amount, for a period of one year.

(2.) REVERTING to the case of the petitioner, he was called upon to produce the accused after the latter had jumped bail but he could not do so. However, as already noticed the accused was arrested on January 7,1983 and was then tried and convicted. For the non -production of the accused, the surety bond filed by the petitioner in the sum of Rs. 4,000/ - was forfeited and a penalty of Rs. 4,000/ - was imposed upon him by the trial Court on June 1, 1982. The petitioner preferred an appeal which was dismissed by the 1st Additional Sessions Judge, Ferozepore. Hence the present Revision Petition.

(3.) THE only submission made by the learned counsel for the petitioner in the present case is that the Courts below had imposed a penalty to tune of the entire amount of the bond, i.e. Rs. 4,000/ - and not taken into account the fact that the petitioner had tried his best to produce the accused. It is also submitted that the accused in the case against him was convicted under section 61 (1) (a) of the Punjab Excise Act for possession of some illicit liquor and had been ordered to be released on probation, indicating that a very serious view in regard to the offence committed by him had not been taken by the Court. There is substances in this submission made by the learned counsel. I think, there is scope for the reduction of the amount of penalty imposed upon the petitioner. The penalty is accordingly reduced to Rs. 2,000/ - only. The excess amount if recovered from the petitioner shall be refunded.