KAPIL ALIAS MUNNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have assailed order dtd. 18/8/2021 Annexure P-1 passed by Divisional Commissioner, Palwal respondent No.2 whereby a recovery of surety amount is being sought to be effected from petitioners no.1 and 2.

(2.) There is no dispute about the factual controversy. Petitioner no.1 was convicted in FIR bearing No. 725, dtd. 28/10/2014 lodged at Police Station Ballabhgarh City, District Faridabad, under Sec. 302 IPC and sentenced to life imprisonment by learned Sessions Judge, Faridabad vide judgment dtd. 21/11/2016 Annexure P-5. First appeal (CRA-S-54-SB-2017) filed by him is pending before this Court. On an application made by him, petitioner no.1 was released on parole for a period of four weeks on 7/3/2019. He was to surrender back on 5/4/2019. Petitioners no. 2 and 3 furnished surety bonds of Rs.2.00 lacs each to the authorities. While on parole, petitioner no.1 was involved in a criminal case bearing FIR No.90, dtd. 13/3/2019 lodged for offences under the Arms Act at Police Station Sector 31, Faridabad. He was arrested on the same day with a country made pistol and one round of fire. He was detained in District Jail, Faridabad. When petitioner no.1 failed to surrender, proceedings were initiated against petitioners no. 2 and 3 for the recovery of the surety amount and impugned order Annexure P-1 has been passed.

(3.) During the course of arguments, counsel for the petitioner has placed on record a print out of the copy of judgment dtd. 13/11/2024 passed by the learned Judicial Magistrate, Faridabad and asserts that as petitioner had been implicated on basis of false allegations, he has been acquitted and the surety amount being recovered from the petitioners no. 2 and 3 deserves to be waived off.