← Library
High Court of Punjab and HaryanaCRA-S/2525/2004dismissed

Nanak Chand v. State Of Hy.

2018-08-01Mr. Justice Rajesh Bhardwaj2 pages

CRA-S-2525-SB of 2004 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRA-S-2525-SB of 2004 Date of Decision: 01.08.2018 Nanak Chand ....Appellant

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

None for the appellant.

Ms. Dimple Jain, AAG, Haryana.

******* SURINDER GUPTA, J.(Oral) Heard.

Appellant-Nanak Chand stood surety for accused-Megh Singh in case bearing FIR No. 42 dated 17.01.2001, registered at Police Station Sadar Ballabgarh. During trial accused-Megh Singh absented and his warrants of arrest were issued. A show cause notice was also sent to appellant as to why amount of surety be not recovered from him. Despite issuance of notice, he did not turn up and his bailable warrants were also issued. Keeping in view above fact, learned trial Court ordered recovery of amount of `30,000/- from the appellant for which he stood surety and warrants for recovery were issued to Collector. In grounds of appeal, appellant has stated that he could not appear before the trial Court as he was suffering from some ailments. Even today the appeal is fixed for final hearing but none has appeared on behalf of the appellant.

I have gone through the paper-book.

Jitender Kumar 2018.08.02 16:35 I attest to the accuracy and integrity of this document Chandigarh It is not disputed that accused for whom appellant stood surety

CRA-S-2525-SB of 2004 -2absented during trial and despite notices he has not appeared. Medical certificate, copy of which has been place on file as Annexure P-2, does not show that the appellant was suffering from any ailment, which prevented him from appearing before the trial Court. Even in this appeal, appellant has not furnished any explanation as to why accused-Megh Singh had not appeared in Court on the dates fixed.

Keeping in view above facts, I find no legal or factual infirmity in the order passed by learned trial Court.

This appeal has no merit and the same is dismissed. August 01, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.08.02 16:35 I attest to the accuracy and integrity of this document Chandigarh