Criminal Procedure Code, 1973 (2 of 1974), Section 446(3) - Petitioner stood security for the Accused, who was released on bail , but could not appear because he was lodged in jail in another case - Court was required to issue production warrant for summoning him – Petitioner was summoned in the context of non appearance of accused for whom she stood surety – Since accused was lodged in jail could not put in appearance and therefore malafide conduct of the accused or conduct showing intention to abscond cannot be gathered - Trial Court had no occasion to impose penalty of Rs. 40,000/- on the person of the petitioner – Order set aside.

2010 PLRonline 001