KARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant criminal appeal filed under S.449 (ii) Cr.P.C, challenge has been laid to order dtd. 26/12/2022, passed by learned Special Judge, Mandi, District Mandi, H.P., in Cr.MA No. 536 of 2018 titled as State of H.P. Versus Karam Singh, whereby penalty to the tune of Rs.50,000.00 has been imposed upon the appellant on account of his failure to cause presence of the accused in the aforesaid sessions trial.

(2.) Precisely, the facts of the case, as emerge from the record, are that FIR 64/1 dtd. 18/2/2014, under Sec. 20 of the NDPS Act, was registered by Police Station Balh, District Mandi, H.P., against the person namely Somveer alias Somu. After completion of investigation, police presented challan in the court of learned Special Judge, Mandi, which is pending adjudication. Since at the time of enlarging the accused on bail in the sessions trial, appellant Karam Singh stood surety to the accused named herein above and he failed to cause his presence during the trial, learned trial court initiated proceedings under Sec. 446 of Cr.PC against him. Vide order dtd. 30/7/2016 court below cancelled the bail bonds of the accused Somveer alias Somu and initiated proceedings under Sec. 446 Cr.PC against the appellant.

(3.) Pursuant to notice issued in the instant proceedings, appellant put in appearance and filed reply to the show cause notice issued under Sec. 446 Cr.PC. During the pendency of the aforesaid proceedings against the appellant, court below also declared main accused Somveer alias Somu as Proclaimed Offender. Petitioner alongwith police went to Delhi and got accused arrested on 3/9/2022 and at present, main accused is in custody. Since accused failed to cause presence of the accused during the pendency of the trial, court below held him guilty in the proceedings under Sec. 446 Cr.PC initiated against him and accordingly, imposed penalty to the tune of Rs.50,000.00 and issued warrant of recovery to the Collector returnable for 28/2/2022. In the aforesaid background, appellant has approached this Court in the instant proceedings, praying therein to set-aside aforesaid order imposing penalty or reduce the penalty while exercising power under Sec. 446 (iii) of Cr.PC.