Dile Ram vs State Of Himachal Pradesh And Anr

Sushil Kukreja, J

The present appeal under Section 449 (ii) of the Code of Criminal Procedure has been filed by appellant/surety-Dile Ram against order dated 24.02.2023, passed by learned Special Judge, Mandi, H.P., District Mandi, H.P., in Cr.MA No.192 of 2023 titled State of H.P Versus Dile Ram, in proceedings under Section 446 of Code of Criminal Procedure in NDPS trial No. 10 of 2021 titled State Vs Melwin Benny Aaron with a prayer to quash and set aside the same.

I have heard the learned counsel for the appellant/surety as well as the learned Additional Advocate General and have also gone through the record available on the file.

Learned counsel for the appellant/surety- Dile Ram submitted that the learned trial Court has imposed the penalty of Rs.1,00,000/- upon appellant/surety- Dile Ram in his absence on 24.02.2023 with the observation that “since the respondent is not appearing, therefore, there is no option but to consider the matter on merits”. He further submitted that the impugned order passed by the learned trial Court imposing penalty upon the appellant is very harsh and he is not in a position to pay the same as he is very poor person of 71 years old and his entire family is totally dependent upon him as he is the sole bread earner of his family. He also submitted that the appellant/surety– Dile Ram would be satisfied in case penalty of Rs.1,00,000/- imposed upon him, vide order dated 24.02.2023, passed by learned Special Judge, Mandi, H.P., is reduced to a reasonable amount.

Therefore, without adverting to the merits of the case, since the appellant/surety-Dile Ram is poor person and penalty imposed upon him is on a higher side, as such, the order dated 24.02.2023, passed by learned Special Judge, Mandi, H.P., is modified to the extent that penalty of Rs. 1,00,000/- imposed upon the appellant/surety-Dile Ram is reduced to Rs.20,000/-.

It is made clear that penalty amount of Rs.20,000/ - shall be deposited by the surety on or before 30th September, 2023 before the learned trial Court, failing which, order dated 24.02.2023 passed by learned Special Judge Mandi, H.P., shall stand revived without any further reference to this Court. The appeal, so also pending application(s), if any, stands disposed of.