Crl. Misc. No. M-29964 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29964 of 2009 DATE OF DECISION: September 01, 2011 Smt. Amrik Kaur and another .........PETITIONER(S) VERSUS State of Haryana ........ RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Amardeep Hooda, Advocate, for the petitioner(s). Mr. S.S. Nara, Sr. DAG, Haryana. AJAI LAMBA, J. (ORAL) This petition filed under Section 482 Cr.P.C. prays for quashing of order dated 21.07.2009 passed by District Magistrate, Sirsa in FIR No. 298 dated 27.08.2002 under Sections 148/149/302 IPC and Sections 25 and 27 of the Arms Act, P.S. Rania, whereby surety bonds of the petitioners have been forfeited. Savinder Singh @ Chhinda s/o Dalip Singh was undergoing life sentence in case FIR No. 298 dated 27.08.2002 under Sections 148/149/302 IPC and Sections 25 and 27 of the Arms Act, P.S. Rania. The said convict was allowed parole for 6 weeks for agricultural work on two sureties of the amount of ` 2 lacs each vide order dated 13.02.2009 by Divisional Commissioner, Hisar. The petitioners namely Smt. Amrik Kaur w/o Dalip Singh and Buta Singh s/o Dalip Singh appeared on 03.03.2009 with surety bonds of ` 2 lac each with the assurance that the convict would be produced in jail on Crl. Misc. No. M-29964 of 2009 2 the expiry of parole. On such surety, the convict was released on parole for six weeks to come back on 15.04.2009. The convict did not return back, whereupon the proceedings were initiated that culminated in passing of order dated 21.07.2009. A number of opportunities were given to the sureties to produce the convict/prisoner. The needful was not done and, therefore, impugned order has been passed vide which surety of ` 2 lac each in favour of government has been forfeited. Learned counsel for the petitioners contends that the prisoner was produced on 18.08.2009 before Illaqa Magistrate and, therefore, the order be set aside. On consideration of facts and circumstances, it transpires that prisoner was to surrender on 15.04.2009. The petitioners were to ensure presence of the prisoner in jail. The needful was not done and, therefore, considerable time of public servants has been wasted, other than the fact that condition of the bond has been violated by the petitioners. Be that as it may, because the prisoner appeared though at a later date, although no illegality can be traced in the impugned order, however, the amount to be forfeited is required to be reduced. Order dated 21.07.2009 is modified to the extent that each of the petitioners shall pay a sum of ` 50,000. With the above modification, the petition is disposed of. 01.09.2011 (AJAI LAMBA) shivani JUDGE