IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-16143 of 2011 (O&M) Date of decision: 24th May, 2011 Mahinder Singh … Petitioner Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.S. Mamli, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that the order dated 24th May, 2010 (Annexure P-1) passed by the Court of Judicial Magistrate (1st Class), Fatehabad be set aside along with the order dated 3rd March, 2011 (Annexure P-2) passed by the Additional Sessions Judge, Fatehabad. Issue notice of motion. On the asking of Court, Mr. Sandeep Singh Mann, Senior Deputy Advocate General, Haryana, accepts notice on behalf of the respondent-State. A copy of the petition has been supplied to him and he has gone through the contents of the same. At the relevant time, the petitioner was posted as a Head Constable at Police Station City Fatehabad. He was cited as a witness in case FIR No.320 dated 24.05.2006 registered at Police Station City Fatehabad under Sections 379/411 IPC. The petitioner had not appeared to depose as a witness and the Court of Judicial Magistrate (1st Class), Fatehabad was constrained to issue bailable warrants in the sum of Rs.5,000/-. It is not disputed that the bailable warrants were executed and the petitioner had furnished a personal bond/undertaking to cause appearance in the Court. The petitioner failed to cause appearance and Criminal Misc. No. M-16143 of 2011 (O&M) the personal bond was forfeited. The trial Court issued non-bailable warrants and further ordered that the amount of personal bond forfeited be attached from the salary of the petitioner. Aggrieved against the same, the petitioner had field a revision petition which has been dismissed. Since the petitioner could not cause appearance, the amount of personal bond has been rightly forfeited and the same has been ordered to be recovered from the salary of the petitioner. Counsel for the petitioner has stated that no fine under Section 350 Cr.P.C. has been imposed upon the petitioner. It is further submitted that this was the first instance when the petitioner could not cause appearance for the circumstances beyond his control. Counsel for the State has stated that there is a tendency among the police officials to ignore the summons issued by the Courts and in the present case, in spite of the execution of bailable warrants the petitioner had opted not to appear before the trial Court, therefore, rightly the amount of personal bond has been forfeited. After hearing counsel for the parties, this Court is of the opinion that antecedents of the petitioner are relevant to be taken into consideration. Since it was the first instance of the petitioner, therefore, the amount of personal bond forfeited and imposed as a penalty upon the petitioner is reduced from Rs.5,000/- to Rs.2,500/-. With this modification in the order of forfeiture of the personal bond, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE May 24, 2011 rps 2