Surinder Kaur v. State Of Punjab
-1CRA-S-2576-SB of 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRA-S-2576-SB of 2017 Date of Decision: 10.02.2020 Surinder Kaur ...Appellant
Versus
State of Punjab ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Harsh Garg, Advocate, for the appellant.
Mr. Bhupender Benipal, AAG, Punjab.
RAMENDRA JAIN, J. (ORAL) Through this appeal, prayer has been made for setting aside order dated 05.06.2017 of the trial Court, whereby entire bond amount of `1,00,000/- has been imposed as penalty upon the petitioner under Section 446 Cr.P.C.
Briefly, appellant stood surety for her son Gurpreet Singh, who absented on 26.05.2017. Resultantly, trial Court cancelling his bail and forfeiting surety bonds furnished by the appellant, issued non-bailable warrants of arrest of the accused for 05.06.2017. However, before issuance of non-bailable warrants of accused Gurpreet Singh, he himself surrendered before the trial Court on the adjourned date i.e. 05.06.2017 and his custody was handed over to Naib Court. However, he fled away from his custody. Learned counsel contends that appellant produced her son for whom, she had stood surety, on the very next day. Thus, imposing penalty RAVINDER SINGH 2020.02.12 13:48 I attest to the accuracy and integrity of this document
-2CRA-S-2576-SB of 2017 of the entire surety amount of `1,00,000/- upon the appellant vide impugned order dated 05.06.2017 is disproportionate to her conduct. Heard.
Considering overall facts and circumstances, penalty imposed upon the appellant by the trial Court vide order dated 05.06.2017 impugned herein, is reduced from `1,00,000/- to `10,000/-. The appellant is directed to deposit the same within one month from today, failing which this order shall automatically stand cancelled/withdrawn. Disposed of.
(RAMENDRA JAIN) February 10, 2020 JUDGE R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.02.12 13:48 I attest to the accuracy and integrity of this document