CHIMAN LAL ARORA S/O KHAJAN CHAND, B/C ARORA, R/O WARD NO. 42, DISTRICT HANUMANGARH. (PRESENTLY LODGED IN DISTRICT JAIL HANUMANGARH) Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this appeal under Sec. 449 Crimial P.C. to challenge impugned order dated 5th of Jan. 2017 passed by Special Court, N.D.P.S. Cases, Hanumangarh (for short, 'learned trial Court') in Criminal Misc. Case No.32/2014 arising out of Criminal Regular Case No.16/2010.

(2.) By the order impugned, learned trial Court, while passing final order in proceedings under Sec. 446 Crimial P.C. against appellant, who stood surety for main accused Bikar Singh, has imposed penalty of Rs.40,000.00 and in default of payment of the said amount sentenced him to undergo six months' civil imprisonment. That apart, the learned trial Court has also ordered for lodging FIR against the appellant for furnishing forged Jamabandi as surety along with false affidavit. In relation to other surety Ramchandra, requisition is issued to the District Magistrate, Hanumangarh for recovery of penalty amount.

(3.) Succinctly stated, the facts are that a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 is registered against main accused Bikar Singh and others and after investigation charge-sheet is also filed. When accused Bikar Singh applied for bail, he was enlarged on bail and as a surety the appellant submitted surety bond of Rs.40,000.00 assuring the Court that he shall produce accused Bikar Singh on each and every date of hearing during trial.