Jai Prakash v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 327/2020 JAI PRAKASH ..... Petitioner Through Mr. Dushyant Sisodiya, Adv.

versus STATE & ORS ..... Respondents Through Mr. Izhar Ahmed, APP for State

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 19.02.2020 CRL.M.A. 1404/2020 Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 327/2020 & CRL.M.A. 1403/2020 Vide the present petition, petitioner seeks direction thereby to set aside or modify impugned order dated 16.12.2019, passed by Ld. M.M., Patiala House Courts, New Delhi in Criminal Complaint No. 1284/2018 and also to reduce the penalty under surety bond from an exorbitant amount of Rs.4,00,000/- to Rs. 1,00,000/- even after its reduction vide said order from Rs.8,00,000/- to Rs.4,00,000/-.

Trial Court has considered the bonafide efforts of petitioner in tracing the whereabouts of accused No.2 as well as his financial condition and come

to the opinion that imposition of penalty of surety amount of Rs.2,00,000/- and Rs.8,00,000/- would be too harsh upon him. Accordingly, Trial Court has reduced the half of the amounts of the surety bond. Counsel appearing on behalf of petitioner submits that petitioner is working as Class IV employee in Delhi Jal Board and has two college going children and also dependant parents.

Accordingly, keeping in view of the aforesaid facts and efforts made by petitioner for tracing the accused No.2, I hereby further reduce the penalty imposed upon him to the tune of ₹1 lac. Accordingly, order dated 16.12.2019 is modified. In view of above, the petition is allowed and disposed of. SURESH KUMAR KAIT, J FEBRUARY 19, 2020 ms