Darshan Singh v. State Of Punjab

CRA-S-3670-SB-2016 (O&M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRA-S-3670-SB-2016 (O&M) DATE OF DECISION:-07.02.2019 DARSHAN SINGH ...PETITIONER...

V.

STATE OF PUNJAB ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Harshit Jain, Advocate, for the appellant.

Mr. A.S. Gill, DAG, Punjab.

***** RAMENDRA JAIN, J. (ORAL) CRM-32471-2016 For the reasons mentioned in the application, delay of 15 days in filing the appeal is condoned.

CRM stands disposed of.

CRA-S-3670-SB-2016 Through this appeal under Section 449 Cr.P.C., prayer has been made for setting aside order dated 27.07.2016 (P-1), whereby, the appellant was ordered to pay penalty of Rs.1 lac, who stood as surety for bailing out Mohd. Saleem @ Kala-accused in FIR No.42, dated 30.05.2015, under Section 22 of the NDPS Act, 1985, Police Station City-2 Malerkotla.

Learned counsel for the appellant has fairly conceded that SONIKA 2019.02.14 17:33 I attest to the accuracy and authenticity of this document Chandigarh

CRA-S-3670-SB-2016 (O&M) --2-- impugner order dated 27.07.2016 (P-1) is perfectly legal, but prayed for mercy from this Court pleading that appellant is a poor person having a joint house built in 75 Sq. yrds duly shared with his brother. Penalty of full surety amount has been imposed by the trial court, without considering the fact that appellant was not abetter to the absence of the accused during trial.

Considering overall facts and circumstances, the impugned order dated 27.07.2016 (P-1) is modified to the extent of `50,000/- in place of `1,00,000/-, which the appellant would pay as penalty within a period of one month from the date of receipt of certified copy of this order, failing which, this appeal shall automatically deem to have been dismissed. In case, the petitioner fails to comply with this order, the trial court shall be at liberty to realise the penalty amount by adopting all modes including coercive one.

Disposed of.

07.02.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.02.14 17:33 I attest to the accuracy and authenticity of this document Chandigarh