SURYA KANT,J - (1.) THIS petition is directed against the order dated 29.8.2003 passed by the learned Judge, Special Court, Kaithal whereby a penalty of Rs. 50,000/- has been imposed upon the petitioner.
(2.) THE petitioner stood surety and furnished the surety bonds for an undertrial, namely, Randhir Singh, who was accused of an offence under the N.D.P.S. Act. Randhir Singh the accused absconded from the trial and was declared a proclaimed offender. The petitioner was also served with a notice under Section 446 Cr.P.C. but he having failed to respond to the same, the learned Judge, Special Court, Kaithal imposed the impugned penalty upon the petitioner. It appears that subsequently the accused (Randhir Singh) surrendered before the Court and was later on acquitted on merits vide judgment 23.10.2003.
(3.) IN view of the fact that the accused had absconded from the trial and was declared a proclaimed offender, per se, there is no infirmity in the impugned order dated 29.8.2003 imposing penalty of Rs. 50,000/- upon the petitioner.;