LACHMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant stood surety for the accused Sinder Singh who absented on April 25, 1986, which was the date fixed for evidence. The appellant moved an application for exempting the accused from personal appearance on that day on the ground that he was unwell. A medical certificate was also attached. The accused put in appearance before the Court on the next date i.e. April 26, 1986.

(2.) FOR the absence of the accused on April 25, 1986, the trial Court imposed a penalty of Rs. 2,000/- upon the appellant. This order of penalty cannot be upheld. The accused absented himself only on one date of hearing and that too on the ground of illness. There was not reason not to accept the explanation for his non-appearance. In any case for one day's absence of the accused, no penalty should have been imposed upon the surety.