IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-7534 of 2011 (O&M) Date of decision : 2.8.2011 Harnek Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Tribhawan Singla, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 482 Cr.P.C. wherein orders, Annexures P-1 and P-2, whereby penalty of Rs.50,000/- was imposed on the petitioner and surety given by him was forfeited, have been challenged. Learned counsel for the petitioner submits that the petitioner had stood surety for one Jagsir Singh who jumped parole and was thereafter never traced out. He has argued that the District Magistrate, Barnala, who imposed the penalty, never gave an opportunity of hearing to the petitioner before imposing the penalty. An appeal was thereafter filed before the Additional District Judge, Barnala. However, same was dismissed on the ground of delay. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. It is evident that the petitioner has stood surety for a convict, who after expiry of period of parole did not surrender. The petitioner stood surety despite the fact that he had no knowledge about the whereabouts of the convict nor he had any control over him. In my considered view, penalty of Rs.50,000/- was rightly imposed upon the petitioner. Admittedly, this amount was deposited by him on 25th March, 2009. The petitioner also filed an appeal before the court of Additional District Judge, Barnala, who dismissed the same on the ground of 75 days' delay in filing the same. On merits also, the court did not find any ground to interfere. Learned counsel has not been able to point out any illegality or infirmity in the impugned orders. The petition is without any merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 2.8.2011 'rajpal'