Crl. Appeal No. S-1428-SB of 2011 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Appeal. No. S-1428-SB of 2011 (O&M) Date of Decision: 03.8.2011. Birmati .......Appellant Vs. State of Punjab ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. S.S.Godara, Advocate for the appellant. Mr. G.S.Brar, Asstt. A.G., Punjab for the respondent. ..... SABINA, J. Appellant has filed this appeal challenging the order dated 23.4.2011 whereby penalty of ` 50,000/- was imposed on her under Section 446 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short). Learned counsel for the appellant has submitted that the accused Gurpreet Singh had absented during trial on one day i.e. 10.12.2010. Thereafter, the accused had himself surrendered before the trial court and is presently facing the trial. Learned counsel has submitted that the penalty imposed by the trial court be reduced. Learned state counsel, on the other hand, has submitted that the impugned order dated 23.4.2011 was liable to be upheld as the appellant had failed to produce the accused Gurpreet Singh in the court. Crl. Appeal No. S-1428-SB of 2011 (O&M) -2 - In the present case, Ajit Singh and Gurpreet Singh were facing trial in FIR No. 95 of 7.7.2008 under Sections 307, 224, 189 read with Section 34 of the Indian Penal Code. Non bailable warrants of arrest were issued qua accused Ajit Singh and Gurpreet Singh as they had absented during trial. Notice was issued to the appellant as she had stood surety for accused Gurpreet Singh. The bail bond and surety bond of the accused Gurpreet Singh were cancelled vide order dated 10.12.2010 as the said accused had absented during trial. After issuing notice to the appellant, the impugned order was passed whereby penalty of ` 50,000/- was imposed on the appellant under Section 446 Cr.P.C. Vide order dated 24.5.2011, this court directed the appellant to deposit an amount of ` 10,000/-. Learned counsel for the appellant has placed on record copy of the receipt and the order dated 25.7.2011, whereby the appellant has deposited the said amount before the trial court. Since Gurpreet Singh has surrendered before the trial court and is now facing trial, it would be just and expedient to reduce the quantum of penalty imposed by the trial court vide the impugned order. Accordingly, the impugned order dated 23.4.2011 is modified to the extent that the appellant is liable to pay penalty to the extent of ` 10,000/- (the said amount has already been deposited by the appellant) instead of Rs. ` 50,000/-. The appeal stands disposed of accordingly. (SABINA) JUDGE August 03, 2011 Gurpreet