- (1.) The present appeal has been directed against order dated 24.10.2013 passed by the Additional Sessions Judge, Hoshiarpur whereby application filed by the petitioner for reduction of amount of penalty to the tune of Rs.4 lacs imposed upon the petitioner has been dismissed.
(2.) The facts relevant for disposal of the present appeal are that in criminal proceedings initiated against Janak Raj and Sanjay Kumar vide FIR No.19 dated 24.03.1997 registered in Police Station Mahilpur, District Hoshiarpur for offence punishable under Section 7 of the Essential Commodities Act, Harbans Singh filed an application for release of truck No.HNE-5717 on sapurdari. In pursuance of the sapurdari order passed by the Court, the petitioner furnished sapurdari bond in the sum of Rs.4 lacs for release of the aforesaid truck in favour of said Harbans Singh during pendency of trial against Janak Raj and another. Harbans Singh failed to produce the truck and as a result, sapurdari order was cancelled and amount of sapurdari bond was forfeited to the State and eventually penalty of Rs.4 lacs was imposed upon the petitioner being surety for Harbans Singh.
(3.) Counsel for the appellant contends that amount of penalty imposed by the trial Court is harsh and exorbitant, thus, liable to be reduced. The accused have been acquitted of the offence but the appellant has been made to suffer as he stood surety for Harbans singh under a bonafide belief that Harbans Singh would comply with terms and conditions of the sapurdari bond and ensure production of truck on each and every date of hearing.;