Allowed

Nikka Singh v. State of Punjab

Punjab & Haryana HC4 Oct 2010CRM-M/19381/2010

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C, the High Court allowed the petitioner's prayer to reduce the penalty imposed as surety. The court held that since the petitioner himself secured the arrest of the accused in the same case previously, the fine was reduced from Rs.20,000/- to Rs.5,000/-.

What did the court decide?

The orders dated 25.09.2007 (A.C.J.M.) and 18.05.2010 (Sessions Judge) were modified to reduce the penalty from Rs.20,000/- to Rs.5,000/-.

Nikka Singh Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2010)

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Crl. Misc. No.M-19381 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No.M-19381 of 2010

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Date of Decision: 04.10.2010

Nikka Singh

....Petitioner

Versus

State of Punjab ....Respondent

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CORAM : Hon'ble Ms. Justice Nirmaljit Kaur

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Present:Mr. Krishan Sehajpal, Advocate for the petitioner.

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Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State.

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Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J.

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This is a petition under Section 482 Cr.P.C for quashing of order dated 25.09.2007 passed by Additional Chief Judicial Magistrate, Ropar and order dated 18.05.2010 passed by Sessions Judge, Ropar, whereby, Rs.20,000/- was imposed to the petitioner.

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The facts, in short, are that the petitioner stood surety of accused Shindi Lal in case State Vs. Shindi Lal and others, FIR No.146 dated 01.11.2003, Police Station Morinda, District Ropar, which was pending before in the Court of Addl. Chief Judicial Magistrate, Ropar and in the same Court, the petitioner stood surety for the same accused in the same Court in Criminal Complaint titled as “SGKB Vs. Shindi Lal” under Section 138 of the Negotiable Instruments Act. The accused was facing

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Crl. Misc. No.M-19381 of 2010

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trial and Criminal Complaint since 2003 regularly and on date accused Shindi Lal did not appear in the Court and warrants were issued against the accused. In criminal case in FIR No.146 dated 01.11.2003, the petitioner received the notice to produce the accused and in that case the order was passed by the trial court to deposit Rs.20,000/- as he was surety. The petitioner approached this Court for setting aside the order by filing Crl. Rev. No.411 of 2008, in which, this Court accepted the Revision Petition and the amount was reduced from Rs.20,000/- to Rs.5,000/- which was deposited by the petitioner on 09.04.2008 in the trial Court.

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It is not disputed that in the State case, the petitioner informed the police about the address of the accused and the petitioner went with police at Khanna from where the accused was arrested and since then the accused is in custody and facing cross case registered against him. Thus, taking into account that the petitioner himself got the accused arrested and the present petitioner stood surety of same accused in the State case pending in the same Court, in which, the penalty amount of Rs.20,000/imposed on him stand reduced to Rs.5000/- vide Order dated 17.03.2008 passed in Crl. Rev. No.411 of 2008.

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Thus, the accused for whom the petitioner stood surety is arrested at the behest of the petitioner himself. The petitioner cannot get the same accused arrested twice over.

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Accordingly, the present petition is allowed and the order dated 25.09.2007 passed by Additional Chief Judicial Magistrate, Ropar and order dated 18.05.2010 passed by Sessions Judge, Ropar, is modified to the extent that the penalty amount shall now stand reduced from Rs.20,000/- to Rs.5,000/-.

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(NIRMALJIT KAUR) JUDGE

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04.10.2010 gurpreet

Nikka Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Nikka Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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