Satish Chander And Another v. State Of Punjab And Another

CRM-M-18940-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-18940-2021 Date of Decision: 12.08.2024 Satish Chander and another ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM:HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Parminder Singh, Advocate for the petitioners.

Mr. Jasjit Singh, DAG, Punjab.

***** ANOOP CHITKARA, J.

Aggrieved by the imposition of Rs.50,000/- of penalty upon the sureties because the convict for whom they had stood surety overstayed parole, petitioners have come up before this Court for quashing of the order dated 24.02.2021 by filing the present petition under Section 482 CrPC.

2.

Counsel for the petitioners submits that petitioners were surety before the District Magistrate for return of convict after the completion of period of parole. He further submits that convict was mentally unstable and was undergoing treatment for the same in a hospital but they failed to produce him, however, they lodged missing report qua him. Due to their failure to produce convict, the concerned Magistrate imposed penalty i.e. 50% of amount of bond i.e. one lac rupees (Rs.50,000/- each on the petitioners). He further submits that petitioner No.2 has already deposited Rs.50,000/- and petitioner No.2 deposited Rs.15,000/- in terms of previous order dated 12.07.2023, on 06.11.2023. 3.

Counsel for the petitioners submits that both the petitioners paid Rs.50,000/- +15,000/- each as non-return of convict after parole, which was beyond their control and prayed for refund of Rs.35,000/- deposited by petitioner No.2. 4.

Given above, in the entirety of facts and circumstances, penalty is reduced to Rs.15,000/- each, which is already paid by both the petitioners and petitioner No.2 shall be entitled for refund of excess amount of Rs.35,000/-. The concerned Magistrate to file the ANJU RANI 2024.08.15 10:01 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

CRM-M-18940-2021  proceedings after verification of deposit and shall ensure return of Rs.35,000/- to petitioner No.2.

5.

Petition is disposed of to the extent mentioned above. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 12.08.2024 anju rani Whether speaking/reasoned Yes Whether reportable?

No ANJU RANI 2024.08.15 10:01 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh