MEHBOOB KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant Criminal Appeal filed under S.449 Cr.P.C, challenge has been laid to orders dtd. 11/5/2023 and 26/2/2024, passed by learned Additional Sessions Judge, Fast Tract Special Court (Rape/POCSO), Sirmaur, District at Nahan, Himachal Pradesh in Cr.MA No. 369 of 2022 titled as State of H.P. Versus Mahboob Khan, whereby learned Court below, while initiating proceedings under Sec. 446 Cr.P.C against the appellant -Surety, in case tilted State of Himachal Pradesh versus Gurvinder Singh and others in main case No.11-N/7 of 2017,called upon District Collector, Sirmaur at Nahan to recover sum of Rs.30,000.00 as penalty from the appellant-surety in terms of provisions 421 of Cr.P.C.

(2.) Precisely, the facts of the case, as emerge from the record, are that the appellant herein stood surety for accused Balwinder Singh during trial of case arising out of FIR No.267, dtd. 23/8/2016, under Ss. 419, 420, 354-D, 120-B, 376, 201 of IPC, registered at police Station, Paonta Sahib. Though, appellant furnished surety bond of Rs.30,000.00 for said accused with clear cut understanding that in case accused, named hereinabove, fails to put in appearance in the trial, as detailed hereinabove, he would be liable to pay sum of Rs.30,000.00, but fact remains that he was unable to secure the presence of the accused, who on account of his absence from the trial, was declared as proclaimed offender. Since, appellant being surety failed to produce the accused despite sufficient opportunities, trial Court instituted proceedings under Sec. 446 of Cr. P.C against him.

(3.) Though, pursuant to the notice issued in the aforesaid proceeding, appellant herein specifically stated before the Court below that despite his best efforts, he has not been able to find out the whereabouts of the accused, but yet Court below passed order dtd. 11/5/2023, thereby imposing penalty of Rs.30,000.00. Since, despite there being aforesaid order passed by trial Court, appellant failed to pay the penalty amount, trial Court vide order dtd. 11/5/2023, issued warrant of recovery of Rs.30,000.00 to District Collector, Sirmaur, with a direction to recover the penalty amount from the appellant as arrears of land revenue under Sec. 421 of Cr.P.C and remit the same in the Court concerned on or before 4/7/2023.