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High Court of Punjab and HaryanaCRM-M/39636/2019disposed of

Narender v. State Of Haryana

2024-09-16Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-39636-2019 -1IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-39636-2019 Decided on:16.09.2024 Narender .... Petitioner versus State of Haryana .... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Balraj Singh, Advocate for the petitioner.

Mr. Gagandeep Singh Chhina, AAG, Haryana.

**** Manjari Nehru Kaul, J. (Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of order dated 04.08.2018 (Annexure P-1) passed by Addl. Sessions Judge, Bhiwani, whereby the penalty of Rs.50,000/- was imposed upon the petitioner for acting as surety for the accused Jasbir @ Jassi, who failed to appear before the Trial Court and was consequently, declared a proclaimed offender.

Furthermore, the penalty was also levied upon the petitioner for his failure to appear before the Court in response to the notice issued under Section 446 Cr.PC.

2.

Learned counsel for petitioner submits that his absence before the trial Court was neither deliberate nor intentional, but due to unavoidable circumstances. To avoid facing undue hardship, learned counsel for the petitioner now limits his prayer solely to seeking reduction in the quantum of the penalty imposed. It is further submitted that in SONIA BURA 2024.09.19 12:26 I attest to the accuracy and integrity of this document

CRM-M-39636-2019 -2compliance of order dated 17.09.2019, the petitioner has already deposited 50% of the penalty amounting to Rs.25,000/-. 3.

Learned State counsel, on instructions, has not disputed that in compliance with order dated 17.09.2019, the penalty amount stands paid.

4.

Heard.

5.

After hearing learned counsel and perusing the relevant material on record and considering that 50% of the penalty amount i.e. Rs.25,000/- already stands deposited, this Court deems it fit to reduce the penalty imposed to the amount already paid.

6.

Accordingly, the present petition stands disposed of. 16.09.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/non-speaking?

Yes/No Whether reportable?

Yes/No SONIA BURA 2024.09.19 12:26 I attest to the accuracy and integrity of this document