- (1.) This Revision Petition under sec.397 read with sec.401 CrPC is directed against the order dated 01 st July 2011 passed by learned Sessions Judge, Sriganganagar in Cr. Appeal No.115/2011- dismissing appeal of the petitioner -surety against order dated 20.05.2011 made by the learned District Magistrate (City), Sriganganagar in Case No.04/2010, whereby in proceedings under sec.446 CrPC in respect of accused-Natha Singh s/o Singara Singh, Rs.90,000/- out of bail amount of rupees One Lac were ordered to be deposited with State treasure.
(2.) Briefly stating facts of the case are that accused-Natha Singh s/o Singara Singh was granted parole for 20 days. On behalf of the accused-prisoner Natha Singh, bail bond was submitted by present petitioner. The accused-prisoner was released on parole on 20.7.2010, who was to surrender back in the prison on 08.08.2010 but he did not surrender. Thereby, bailer and the accused-prisoner contravened the conditions of the parole.
(3.) Upon information by the Superintendent, Central Jail, Sriganganagar to the District Magistrate to this effect, the Additional District Magistrate (City), Sriganganagar was directed to initiate proceedings under sec.446 CrPC in the matter. Upon receipt of notice, surety-present petitioner appeared and submitted reply that the accused-prisoner Natha Singh dodged him and hide somewhere, therefore, minimum penalty may be imposed. After hearing the petitioner, learned Addition District Magistrate passed the order impugned, as aforesaid.;