AI Structured Summary
Not yet generated for this judgment
Judgment
Heard.
Bus bearing registration No. PB-13-E-9804, belonging to appellant Tara Singh, was taken by him on sapurdari in the sum of Rs. 4,00,000/-, with one
surety of the like amount, in case FIR No. 103, dated 5.10.2000, registered under Sections 395, 465, 467, 468, 471, 506 IPC, Police Station Nahian
Wala. There was a condition in sapurdari bond that bus will be produced in Court on each and every date of hearing and the bus will not be sold
without permission of Court.
It comes out that during trial proceedings, appellant, being an old man, gave power of attorney to one of his relative Manjit Singh with further right to
alienate same. Manjit Singh sold the bus during pendency of trial. It also comes out that during trial, bus was sold three times.
Consequently, bus was not produced and proceedings under Section 446 Cr.P.C. were initiated.
A plea was taken before trial Court is that appellant is an old man and condition to alienate bus was inadvertently incorporated in power of attorney.
However, trial Court has observed that even earlier surety Bikramjit Singh alias Bhola had moved an application that present appellant/owner of bus is
proclaiming that he will not produce bus in Court.
Therefore, his surety was cancelled and fresh surety was produced.
In this case, admittedly, there is a violation of condition of sapurdari bonds. Now, questions would arise as to how much penalty is to be imposed. The
bus was subject matter of trial Court. As per undertaking given by appellant in his personal bond, he will not alienate the bus without permission of
Court.
Considering the entirety of circumstances and effect on the trial, while maintaining trial Court order dated 15.1.2005, passed by learned Additional
Sessions Judge, Bathinda, the penalty is reduced from Rs. 2,00,000/- to Rs. 50,000/- With the abovenoted modification, appeal is dismissed.