- (1.) KUNDAN Singh, J. This appeal has been filed against the orders dated 26-6-92 and 25-8-92, issuing warrants against the sureties. The learned counsel for the appellant stated that the accused Ranjit was found absent on 6-11- 89 and the proceedings under Section 446, Cr. P. C. were taken against the appel lant and another surety on the same day. The appellant has filed copy of the application dated 10-9-90, moved by accused Ranjit Singh stating that he was abducted on 16-9-89 and a report was lodged at the police station by his father on the basis of which Case Crime No. 141 of 1989, under Sections 147,148, 149, 307 and 364, I. P. C. was registered against 3 persons. Any how the accused Ranjit Singh succeeded in escaping from the custody of the miscreants and surrendered before the Court on 10-9-90.
(2.) THE learned counsel for the appellant pressed this appeal for remission of the amount of penalty, imposed by the Court below, under sub-section (3) of Section 446 of Cr. P. C. Heard learned counsel for the parties. The learned counsel for the appellant argued that the appellant has suffered great agony due to abduction of accused and there was no fault on his part for not producing the accused in Court on the date fixed. The accused was abducted by some miscreants and as soon as he escaped from their custody he surrendered in Court and the proceeding proceed ed against him. The learned counsel for the appellant prayed that the entire amount of penalty imposed be remitted. I have given my anxious thought to the controversy involved in the appeal and the submissions made by the learned counsel and I feel that it would meet the ends of justice if the appellant is directed to deposit Rs. 500 within 30 days and the balance amount of fine is remitted.
(3.) ACCORDINGLY, the appeal succeeds in part. The appellant is directed to deposit Rs. 500 (Rupees Five hundered only) in the court below within a period of 30 days from to today. The recovery of the balance amount of fine and arrest of the appellant shall not be made provided he deposits aforesaid amount (Rs. 500) within the period allowed. The copy of this order may be issued to the learned counsel for the appellant within 3 days on payment of usual charges. Appeal partly allowed. .;