DILE RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal under Sec. 449 (ii) of the Code of Criminal Procedure has been filed by appellant/surety-Dile Ram against order dtd. 24/2/2023, passed by learned Special Judge, Mandi, H.P., District Mandi, H.P., in Cr.MA No.192 of 2023 titled State of H.P Versus Dile Ram, in proceedings under Sec. 446 of Code of Criminal Procedure in NDPS trial No. 10 of 2021 titled State Vs Melwin Benny Aaron with a prayer to quash and set aside the same.

(2.) I have heard the learned counsel for the appellant/surety as well as the learned Additional Advocate General and have also gone through the record available on the file.

(3.) Learned counsel for the appellant/surety- Dile Ram submitted that the learned trial Court has imposed the penalty of Rs.1,00,000.00 upon appellant/surety- Dile Ram in his absence on 24/2/2023 with the observation that 'since the respondent is not appearing, therefore, there is no option but to consider the matter on merits'. He further submitted that the impugned order passed by the learned trial Court imposing penalty upon the appellant is very harsh and he is not in a position to pay the same as he is very poor person of 71 years old and his entire family is totally dependent upon him as he is the sole bread earner of his family. He also submitted that the appellant/surety' Dile Ram would be satisfied in case penalty of Rs.1,00,000.00 imposed upon him, vide order dtd. 24/2/2023, passed by learned Special Judge, Mandi, H.P., is reduced to a reasonable amount.