PRITPAL SINGH,J - (1.) THE appellant stood surety for the accused Om Parkash who absented on April 10, 1986, which was the date fixed for evidence. On account of this absence of the accused, penalty of Rs. 5,000/- has been imposed upon the appellant by the trial Court.
(2.) IT is admitted that the accused remained absent only on one date of hearing. He appeared in Court on the next date of hearing. The surety should not be penalised for the non-appearance of the accused on one date of hearing only, as held by this court earlier in Mela Singh v. The State of Punjab, 1981 C.C. Cases 16. For aforesaid reasons the penalty imposed on the appellant is set aside and this appeal is accordingly allowed. Appeal allowed.;