SHAM SUNDER,J - (1.) THIS appeal is directed against the order dated 18.10.2007, rendered by the Court of Sh. J.S. Dahiya, Additional Sessions Judge (1), Fatehabad, vide which, it imposed penalty of Rs. 50,000/- on Narender, applicant (hereinafter referred to as 'appellant'), who stood surety for Vijay Pal, accused, and failed to produce him.
(2.) THE facts necessary, for the adjudication of controversy, are that Vijay Pal, accused, in case FIR No. 42 dated 24.01.2007, under Sections 353 and 307 of the Indian Penal Code, 25 of the Arms Act, and 15 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, was granted interim bail, in the sum of Rs. 50,000/-, with two sureties, in the like amount each, for a period of 15 days, from 27.08.2007 to 11.09.2007, so as to enable him to attend the cremation of his mother and perform other rituals. Vijay Pal, accused, was directed to surrender in the Court on 12.09.2007. Narinder, appellant, stood one of the sureties of Vijay Pal, accused. He furnished surety bond in the sum of Rs. 50,000/-, which was accepted by the Court. Ultimately, Vijay Pal, accused was released on interim bail, referred to above, but he failed to surrender in the Court on 12.09.2007. His personal bond and surety bond were cancelled and forfeited to the State. Notice under Section 446 of the Code of Criminal Procedure, was issued to Narender, surety to show cause as to why, the amount of forfeited surety bond, be not recovered from him. In pursuance of the aforesaid notice, Narender, surety, put in appearance, in the Court on 27.09.2007 and made a statement that he will produce Vijay Pal, accused on the next date of hearing, failing which, he will deposit the amount of Rs. 50,000/-. Accordingly, the case was adjourned to 18.10.2007 for production of Vijay Pal, accused. On 18.10.2007 Narender, appellant, again appeared in the Court, and made a statement, to the effect that the whereabouts of Vijay Pal, accused, were not known to him and, therefore, he was not able to produce him. Accordingly, penalty of Rs. 50,000/- was imposed upon him.
(3.) FEELING aggrieved, the instant appeal was filed by Narender, appellant.;