Decided On: 11.10.2023 vs State Of H.P

                                           1

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                                .
                                               Cr. Appeal No. 135 of 2023





                                               Decided on: 11.10.2023
    ___________________________________________________________
     Karam Singh                             ....Appellant





                                        Versus
     State of H.P.                                              ....Respondent

     Coram




     The Hon'ble Mr. Justice Sushil Kukreja, Judge.
     Whether approved for reporting?1
     For the appellant              :          Mr. Nand Lal, Advocate.

     For the respondent             :          Mr. B.N. Sharma, Additional

                                               Advocate General.

     Sushil Kukreja, Judge (oral)

The present appeal under Section 449 of the Code of Criminal Procedure has been filed by the appellant against the orders dated 25.07.2022 & 13.03.2023, passed by learned Special Judge, Mandi, H.P., in Cr. M.A. No. 963 of 2022, titled as State of H.P. Vs. Karam Singh, whereby proceedings under Section 446 of Cr. P.C. were initiated against the appellant and personal as well as surety bonds were forfeited and non-bailable warrants have been issued against him, with a prayer to quash and set aside the same.

1 Whether reporters of Local Papers may be allowed to see the judgment?

.

2. I have heard the learned counsel for the appellant, learned Additional Advocate General for the respondent-State and have also gone through the record available on the file.

3. Learned counsel for the appellant submitted that accused Mahender could not appear before the learned trial Court on 25.07.2022 due to the reason that he was suffering from acute pain in his stomach and confined to bed and thereafter the accused had appeared before the learned trial Court and now he stands acquitted vide judgment/order dated 28.03.2023. He further submitted that the learned trial Court has imposed the penalty of Rs. 1,50,000/- upon the appellant/surety in his absence, which is on a very higher side as the appellant is a poor person and not in a position to pay the same and also submitted that the appellant would be satisfied in case penalty of Rs.

1,50,000/- imposed upon him vide order dated 22.08.2022 passed by learned Special Judge, Mandi, District Mandi, H.P., is reduced to a reasonable amount.

.

4. Therefore, without adverting to the merits of the case, since the appellant is a poor person and penalty imposed upon him is on a higher side, as such, the order dated 22.08.2022, passed by learned Special Judge, Mandi, District Mandi, H.P., is modified to the extent that penalty of Rs. 1,50,000/- imposed upon the appellant is reduced to Rs. 15,000/-. Consequently order dated 13.03.2023, passed by the learned Special Judge, Mandi, District Mandi, H.P., whereby non-bailable warrants were issued against the appellant, is also quashed and set aside.

5. It is made clear that penalty amount of Rs.

15,000/- shall be deposited by the appellant within a period of four weeks' from today, before the learned trial Court, failing which, orders dated 25.07.2022, 22.08.2022 & 13.03.2023 passed by learned Special Judge, Mandi, District Mandi, H.P., shall stand revived without any further reference to this Court.

The appeal, so also pending application(s), if .

any, stands disposed of.

                                           (Sushil Kukreja)
    October 11, 2023                            Judge
         (raman)




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