Harnek Singh v. State of Punjab
Case brief
What is this about?
This revision petition by a surety, who failed to produce an accused who absconded, sought waiver of a rider requiring future production. The High Court waived the rider, directed deposit of the reduced penalty, and clarified that non-payment would lead to dismissal without affecting original recovery.
What did the court decide?
The condition to produce the accused is waived. Petitioner must deposit Rs. 25,000 within two months or revision shall be deemed dismissed.
What the court decided
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**Crl. Revision No. 1323 of 2008) Date of Decision: 16.7.2009 *****
Harnek Singh
.. Petitioner
Vs.
State of Punjab.
.. Respondent.
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
Present:Mr. D.K. Kaushal, Advocate for the petitioner.
**Mr. B.S. Sra, Addl. A.G. Punjab *****
ARVIND KUMAR, J.
The petitioner stood surety for one Dalip Kumar, an accused in case FIR No. 105 dated 5.7.2003, under Sections 420, 506 IPC, Police Station City, Kotkapura, who subsequently did not appear before the Court and has been declared as proclaimed offender. The petitioner was served with a notice under Section 446 Cr.P.C. but having failed to produce the accused despite availing time for the same, the learned Magistrate imposed the penalty of Rs.50,000/- equivalent to the amount of surety bond and asked for recovery of the same by initiating proceedings.
Issues for consideration
3 issues framed by the court
Whether a surety who fails to produce the accused can be exempted from the default rider imposed by the trial court while retaining the reduced penalty.
Whether the waiver of the production condition affects the recovery proceedings for the original surety amount.
Whether lack of connivance in the accused's escape warrants modification of the penalty conditions on revision.
Parties & counsel
- petitioner
Harnek Singh
- respondent
State of Punjab
Coram
Arvind Kumar
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · July
- Registered
- Case no.
- CRR/1323/2008
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