ROSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matter herein concerns the order dated November 17, 1987 passed by Additional Sessions Judge Bhatinda whereby he, after issuing notice under Section 446 Cr.P.C. forfeited the surety bonds of the appellant to the State and imposed a penalty of Rs. 10,000/- on him on the ground that, as undertaken by him in his surety bond, he failed to produce Gurinder Singh accused in the Court in case FIR No. 209 dated July 1, 1985 under Sections 302/34/120-B of the Indian Penal Code, Police Station Mansa on October 8, 1987 and also on subsequent date.

(2.) THE positive stand of the appellant was that Gurinder Singh appellant was arrested by the Police of C.I.A. Staff, Mansa on October, 1987 and as such he was unable to produce him in the Court. This assertion of the appellant is supported by the application moved on behalf of the Gurinder Singh accused in the main case which is duly signed by Shri Karminder Singh Sodhi, Advocate who was his counsel, for exemption of personal appearance of Gurinder Singh accused on account of his arrest by the police of C.I.A. Staff, Mansa from the court compounds of Bhathinda on October 8, 1987.

(3.) FURTHERMORE , the learned lower Court passed the impugned order in undue haste. As is apparent from the order it gave only one opportunity to the appellant to produce Gurinder Singh accused and imposed penalty of entire amount of surety bond. The learned lower Court should have afforded reasonable opportunity to the appellant to cause the appearance of Gurinder Singh accused in the Court. It seems that due to arrest of Gurinder Singh by the police C.I.A. Staff, Mansa, it was beyond the control of the appellant to produce him in the Court on October 8, 1987 or on the subsequent date.