- (1.) VIRENDRA Saran, J. Appellants Chetram and Ashram have filed this appeal against the Border, dated 1st Additional District and Sessions Judge, Saharanpur in Criminal Misc. No. 1 of 1985.
(2.) I have heard the learned counsel for the appellants and the learned State Counsel. Appellants stood surety for accused Mukhtyar in S. T. No. 299 of 1984 which was pending in the court of 1st Additional District and Sessions Judge, Saharanpur. On 12-9-1985 Mukhtyar absented and the learned Judge issued non-bailable warrants for the arrest of Mukhtyar and directed that the notice be issued to the appellants to show cause why the amount of their bail bonds which was Rs. 5,000 each may not be realised from them. Learned court fixed 16-11-1985 for the trial but prior to that on 16-11- 1985 Mukhtyar appeared in the Court and he was again released on bail by the learned Judge: Since the appellants did not show any cause, the learned Judge on 29-1-1986 directed that the entire amount of Rs. 5,000 may be realised from the appel lants. Thereafter the appellants made an application that the penalty amount may be remitted but their applications were rejected by the learned Judge on 28-4- 1986 on the ground that the earlier order was also appealable order. The appellants have now come up in appeal. In view of the fact that the accused Mukhtyar himself surrendered on 16-10-1985 and that he was again released on bail and has been acquitted on 9-2-1989, in my opinion, the ends of justice would be met, if a sum of Rs. 500 each as penalty amount, is realised from the appellants.
(3.) IN the result, the appeal is partly allowed, The penalty amount of Rs. 5,000 from each of the appellant is reduced to Rs. 500. The appellants are granted 6 weeks' time to deposit the amount of Rs. 500 each, failing which the court may proceed to realise the same. The record of S. T. No. 299 of 1984 which was summoned in con nection with this appeal shall be returned to the court of 1st Additional District and Sessions Judge, Saharanpur within 10 days from today. Appeal partly allowed. .;