Gurcharan Singh v. State of Punjab
Case brief
What is this about?
In this criminal revision, the High Court modified the Sessions Judge's order by waiving the rider requiring the surety-producer to produce the accused by a specific date. The Court directed the petitioner to deposit the reduced penalty of Rs. 25,000 within two months, otherwise the revision will be deemed dismissed, preserving original recovery proceedings.
What did the court decide?
The rider requiring production of the accused by a fixed date is waived; petitioner to deposit Rs. 25,000 within two months under threat of dismissal of the revision.
What the court decided
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**Crl. Revision No. 1324 of 2008 Date of Decision: 16.7.2009 *****
Gurcharan 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 the rider imposing an additional condition of producing the accused before a specific date should be waived in a criminal revision.
Whether the reduction of penalty by the Sessions Judge stands accepted as modified by this Court.
Whether the revision petition should be dismissed if the modified condition of depositing the reduced penalty is not fulfilled within the stipulated time.
Parties & counsel
- petitioner
Gurcharan 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/1324/2008
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