Romesh Kumar vs State of Punjab

Viney Mittal, J.—Petitioner Romesh Kumar has filed the present revision petition challenging the order dated September 26, 1992 passed by the learned Sub Divisional Judicial Magistrate, Pathankot whereby the penalty of Rs. 10,000/- was imposed upon him u/s 446 of the Code of Criminal Procedure (hereinafter referred to as the "Code"). The petitioner had furnished surety bond on June 14, 1991 in the sum of Rs. 10,000/- in the court of learned Additional Sessions Judge, Gurdaspur for one Pappu alias Pakora. The aforesaid accused was the real brother of petitioner Romesh Kumar. The aforesaid accused jumped bail on August 27, 1991. He did not appear till April 18,1992. Upon this, a notice u/s 446 of the Code was given to the petitioner to show cause as to why the amount of surety bond be not recovered from him. Subsequently, vide order dated September 26, 1992 a penalty of Rs. 10,000/- was imposed upon him.

Shri H.S. Bhullar learned counsel appearing for the petitioner has submitted that in fact the aforesaid accused Pappu was subsequently persuaded by petitioner Romesh Kumar to surrender before the learned trial Magistrate. It is further submitted by the learned counsel for the petitioner that after the trial the aforesaid accused was acquitted by the learned trial Magistrate. It is also brought to my notice that vide order dated August 3, 1994 this court while issuing notice in the present petition had stayed the recovery upto Rs. 6,000/- from the petitioner.

Keeping in view the facts and circumstances of the case and the fact that the aforesaid accused had subsequently been acquitted by the learned trial Magistrate, I deem it proper to make the order dated August 3, 1994 absolute. It is ordered that the recovery beyond Rs. 4000/- shall not be effected from the petitioner.

The present revision petition stands disposed of accordingly.