SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the imposition of penalty of Rs. 10,000/ - by the learned Additional Sessions Judge, Karnal, on the forfeiture of the bond furnished by the Appellant.

(2.) IT suffices to mention that the bond executed by the Appellant was in the sum of Rs. 10,000/ -. The record discloses that Ram Singh accused who was being prosecuted in a case under Ss. 394/395/397/398, Indian Penal Code and for whose appearance the bond had been executed, did not appear in the trial Court on three different dates fixed in the case. He, however, later on appeared and was convicted and sentenced under the said offences. The learned Additional Sessions Judge while imposing penalty of Rs. 10,000/ - on the Appellant made the following observations:

(3.) THE learned Counsel for the Appellant has forcefully appealed to the sympathy of this Court and prays that it should exercise its discretion to reduce the Appellant's liability under the surety bond. The justification for this plea, it is said that the accused subsequently appeared in the Court and was convicted and sentenced for the offences with which he was charged and the Appellant being a petty shopkeeper is unable to pay the amount of Rs. 10,000/ -.