RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the order dated 31.7.2006 passed by the learned Additional Sessions Judge, Gurgaon whereby an amount of Rs 15,000/- has been imposed as penalty on the appellant. The remaining amount of Rs 10,000/- which was furnished as surety by the appellant for accused Ravi @ Ravinder stands remitted.

(2.) Accused Ravi @ Ravinder along with others was being tried for offences under Sections 399 and 402 IPC as also Section 25 of the Arms Act before the learned Additional Sessions Judge, Gurgaon. Ravi @ Ravinder was granted bail and the appellant Rajpal stood surety for him. He furnished surety bond for an amount of Rs 25,000/- on 20.9.2005 with the undertaking that the accused shall appear on each and every date of hearing. On 14.2.2006 the accused did not appear and consequently notice was issued to the surety. The bail bonds and surety bonds of the accused were cancelled and forfeited to the State. On receipt of notice, the surety (appellant) stated that in fact the accused was in custody in some other case at Delhi. However, later on it transpired that the accused was not in custody on 14.2.2006. In the circumstances, penalty of Rs 15,000/- has been imposed and remaining amount of Rs 10,000/- has been remitted by the impugned order dated 31.7.2006.

(3.) Learned counsel for the appellant states that as per information received by the appellant, the accused was in custody in some other case in Delhi. In any case, he was produced before the trial Court and, therefore, the imposition of penalty of Rs 15,000/- is highly excessive. It is submitted that the appellant is a poor person and, therefore, the penalty imposed is liable to be reduced.