SHAM SUNDER, J. - (1.) This appeal is directed against the order dated 04.09.2006 rendered by the Court of Additional Sessions Judge, Fatehgarh Sahib, vide which, it imposed a penalty of Rs. 50,000/-, upon the surety (now appellant).
(2.) THE appellant stood surety for Bhalwan Ram, accused, who was facing trial, in case FIR no. 74 dated 23.05.2003, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act , in the sum of Rs.50,000/-, undertaking to produce him, on the each and every date, failing which to pay the amount of forfeited surety bond. Bhalwan Ram, accused absented from the Court on 12.10.2004. He was ordered to be summoned through non-bailable warrants. His personal bond and the surety bond stood forfeited. Notice under Section 446 of the Code of Criminal Procedure, was served upon the surety, to show cause, as to why, the amount of the forfeited surety bond be not recovered. Ultimately, Bhalwan Ram surrendered in the Court on 06.07.2005 and taken into custody. His case was also finally decided by the trial Court, vide judgment dated 17.09.2007.
(3.) WARYAM Ram, appellant-surety of Bhalwan Singh, despite service of notice under Section 446 Cr.P.C., did not put in appearance. Accordingly, vide the impugned order dated 04.09.2006, penalty, in the sum of Rs. 50,000/-, was imposed upon him.;