Crl.Appeal No. 1585-SB of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Appeal No.1585-SB of 2002 Date of decision: 30.11.2010 Ram Niwas … Appellant Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE JORA SINGH. Present: Mr.H.S.Gill, Advocate, Amicus Curiae, for the appellant. Mr.S.S.Randhawa, Addl.AG, Haryana. … JORA SINGH, J. Ram Niwas filed this appeal to challenge the order dated 15.7.2002 passed by Additional Sessions Judge, Sonepat, directing the appellant to deposit Rs.20,000/- by way of penalty due to non-appearance of accused Bijender Singh. FIR No. 122 dated 4.5.2000 under Sections 304-B/498-A IPC, PS Ganaur, was registered against Bijender Singh, and he was ordered to be released on bail on furnishing bail bond in the sum of Rs.25,000/- with one surety in the like amount. As per order of the Court, appellant had furnished surety in the sum of Rs.25,000/- with an undertaking that Bijender Singh is to appear in Court on each date of hearing, but on 16.5.2002, Bijender Singh failed to appear in Court. Due to non-appearance of Bijender Singh, he was ordered to be summoned through non-bailable warrants. Bail order was cancelled and Crl.Appeal No. 1585-SB of 2002 2 bail bond was forfeited to the State. Notice under Section 446 Cr.P.C. was issued to the appellant. Ultimately, appellant was directed to pay penalty of Rs.20,000/-. I have heard learned counsel for the appellant, learned State counsel and have gone through the file. FIR No. 122 dated 4.5.2000 under Sections 304-B/498-A IPC, PS Ganaur, was registered against Bijender Singh, Lakhmi Chand and Savitri. Bijender Singh was ordered to be released on bail vide order dated 30.4.2002 on furnishing bail bond in the sum of Rs.25,000/- with one surety in the like amount. As per order of the Court, appellant had furnished surety in the sum of Rs.25,000/- with an undertaking that Bijender Singh is to appear in Court on each date of hearing, but on 16.5.2002, Bijender Singh failed to appear in Court and was ordered to be summoned through non-bailable warrants. Ultimately, Bijender Singh was declared proclaimed offender vide order dated 6.9.2002. Lakhmi Chand and Savitri were tried by the Court and were convicted and sentenced vide judgment dated 13.3.2004. Later on, Bijender Singh was arrested. Supplementary challan was presented and he was tried separately. He was also convicted and sentenced by the Sessions Court. After Bijender Singh failed to appear in Court on the date of hearing, then notice was issued to the appellant. Opportunity was given to the appellant to produce defence as to why Bijender Singh failed to appear in Court on the date of hearing. No evidence was led. No explanation why Bijender Singh failed to appear in Court on the date of hearing. Ultimately, Crl.Appeal No. 1585-SB of 2002 3 appellant made statement to take lenient view. Learned counsel for the appellant failed to point out why Bijender Singh failed to appear in Court on the date of hearing. Bijender Singh was released on bail. Opportunity was given to the appellant to explain why Bijender Singh failed to appear in Court on the date of hearing. Bijender Singh was tried separately after his arrest when he was declared proclaimed offender on 6.9.2002. When there was no explanation regarding absence, then I am of opinion that impugned order was rightly passed. No reason to interfere. For the reasons recorded above, appeal without merit is dismissed. 30.11.2010 ( JORA SINGH ) pk JUDGE