Babu Singh vs State of Haryana

J.B. Garg, J.

Babu Singh son of Arjan Singh acted as a surety in the sum of Rs. 10,000/ for Baldev Singh who was accused in a case under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, arising out of FIR No. 342 dated 5111989 of Police Station, Sadar, Sirsa. The accused absented and then absconded and after serving a notice on the surety and hearing him the Sessions Judge, Sirsa ordered for forfeiture of the surety bond and the recovery of the entire sum of Rs. 10,000/ on 1641991.

Aggrieved against it the present appeal has been preferred. On behalf of the appellant, it has been pointed out that only 15 kg. of poppy husk was alleged to have been recovered from Baldev Singh accused on 5111989. Though the present surety also secured dasti process for production of the accused yet despite his efforts he failed to produce him. The accused belonged to village Rampura Phul, District Bhatinda.

The present appeal has been opposed yet it has not been challenged that Babu Singh the surety made his efforts for securing the presence of Baldev Singh accused. On behalf of the appellant attention has been invited to Bakhtawar Singh v. The State of Punjab, 1984(2) Recent C.R. 392, where in a case under Section 411 of the Indian Penal Code a penalty of Rs. 2000/ was imposed as against the surety bond which was in the sum of Rs. 6,000/. Another authority referred to is Gurcharan Singh v. The State of Punjab, 1981 C.C. Cases 55 where in a case of Arms Act the surety was required to pay a sum of Rs. 2,000/ as against the original amount which was in the sum of Rs. 4,000/. After perusal of the proceedings and hearing it is ordered that in the case now in hand, the amount be reduced and it shall be recoverable only to the extent of Rs. 3500/ and with this modification the appeal is partly accepted and stands disposed of. Any sum recovered in excess, shall be refunded to the appellant Babu Singh son of Arjan Singh.

JUDGMENT accordingly.