RANBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRL . Misc. No. 73991 of 2006 Notice to Advocate General, Haryana. Mr. R.D. Sharma, learned DAG, Haryana, who is present in Court accepts notice. The prayer in this application to condone the delay of 381 days in filing of the appeal. After hearing learned counsel for the parties and having regard to the reasons mentioned in the application and the fact that the' applicant appellant has prima facie made out a case which requires consideration on merits, the application is allowed. The delay of 381 days in filing the appeal is condoned. Crl. Misc. application stands disposed of. Crl. Misc. No. 73991-M of 2006

(2.) THIS appeal is directed against the order dated 7.9.2005 whereby an amount of Rs. 25,000/- was ordered to be recovered from the petitioner, who stood surety for Deepak-one of the accused in F.I.R. No. 60 dated 23.2.2005 under Sections 398/401 IPC registered at Police Station, Chandnibagh, Panipat. It was also directed that the aforesaid amount be recovered from him by attachment and sale of property mentioned in the surety bond. The appellant, however, deposited the said amount of Rs. 25,000/- which finds mention in the order dated 21.11.2005 passed by the learned Additional Sessions Judge, Panipat. Aggrieved at the forfeiture of the surety amount, the appellant has approached this Court.

(3.) THE subsequent surrender by the accused, though, does not absolve the appellant from his liability which he incurred by standing as a surety, however, it appears to be a mitigating circumstance to reduce the amount of forfeiture. Consequently and for the reasons afore-stated, this appeal is partly allowed and the forfeiture amount of Rs. 25,000/- is reduced to Rs. 15,000/-. Disposed of. Appeal partly allowed.