Dharampal v. State Of Punjab

CRM-M-49849-2024

























































IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.49849 of 2024 (O&M) Date of Decision: 25.10.2024 Dharampal

...Petitioner

Versus
State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA
***

Present:

Mr. Kartik Gupta, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab.
***

FIR No.

Dated Police Station Sections 09.05.2018 Garhdiwal, District Hoshiarpur 379-B, 411 and 34 IPC

Seeking quashing of impugned order dated 15.02.2023 passed by Additional Sessions Judge in proceedings under section 446 Cr.P.C. whereby surety amount of Rs.1,00,000/- has been imposed as penalty on the petitioner and to recover the said amount as arrears of land revenue on account of his failure to produce accused in the FIR captioned above, the petitioner who is surety, has come up before this Court under Section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2.

In compliance to order dated 19.10.2024 passed by this Court, counsel for petitioner has voluntarily deposited a sum of Rs.25,000/- towards PGI Poor Patients Welfare Funds to show his bona fide intention.
3.

Notice served upon the official respondent through State counsel. 4.

Counsel for the petitioner submits that the conduct of accused for whom the petitioner stands surety was good at that time when he gave surety for him. Now, petitioner is not aware of his whereabouts.

5.

On the other hand, State opposes the reduction of the amount. Sonia Puri 2024.10.28 18:54 I attest to the accuracy and integrity of this document

CRM-M-49849-2024




















































6.

Given the entirety of facts and circumstance and the petitioner's financial capacity and the fact that how sureties are allured to stand for the accused and without knowing the consequences, the present petition is allowed partly and the pending amount so imposed by the concerned court is reduced from Rs.1,00,000/- to Rs.25,000/- and the same be deposited by 30.11.2024 by 4.00 PM. If the amount is not deposited by 30.11.2024 then this order shall stand recalled automatically under section 362 Cr.P.C./ 403 BNSS, 2023. Pending application(s) if any, stand disposed of.

25.10.2024 (ANOOP CHITKARA)
Sonia Puri JUDGE

Whether speaking/reasoned: Yes/No
Whether reportable:

Yes/No.

Sonia Puri 2024.10.28 18:54 I attest to the accuracy and integrity of this document