KAUR SINGH JEEWAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Sessions Judge, Sangrur, dated December 19, 1986, dismissing appeal against order of the Chief Judicial Magistrate, Sangrur, dated August 2, 1986, by which a penalty of Rs. 5000/- was imposed on the petitioner under Section 446, Code of Criminal Procedure.

(2.) THE petitioner stood surety for the accused Ajaib Singh in a case under Section 9 of the Opium Act. The accused failed to appear on August 26, 1985 which was the date fixed and also on the subsequent dates of hearing and was finally declared as proclaimed offender on January 31, 1986. The petitioner was also summoned by the Court for August 2, 1986 but he did not appear. The Chief Judicial Magistrate therefore, forfeited his surety bound and imposed penalty of Rs. 5000/- upon him.

(3.) THE petitioner moved an application on January 31, 1987 before the Chief Judicial Magistrate to inform him that the accused is confined in Central Jail, Patiala. Admittedly, in pursuance of the warrants issued by the Chief Judicial Magistrate the accused has now been produced in Court by the jail authorities.