JUDGMENT : K.C. BHARGAVA, J. 1. This appeal is directed against the order dated 21.7.84 passed by the Special Judge (D. A. A.), Etawah forfeiting the surety amount of surety bonds of the Appellants. 2. Aggrieved against this order, the Appellants have come in appeal. 3. Learned Counsel for the Appellant as well as learned A. G. A. have been heard and they this that this appeal be disposed of finally at tills stage. 4. Learned Counsel for the Appellants has argued that both the Appellants stood surety for accused Munua. Munua could not present himself before the court on the date of delivery of judgment i.e., 17.4.91 Therefore, his ball bonds and surety bonds were forfeited and a penalty of Rs. 2,000/- was ordered to be recovered from the Appellants. Learned Counsel has further argued that Munua surrendered before the court concerned on 2.5.91. Even before the date fixed for disposal of the objections of the Appellants Munua appeared in the court but this fact has not been taken into consideration by the court while imposing the penalty. 5. The court has perused the judgment of the Courts below. It finds that after the non-appearance of the accused on the date of judgment he surrendered before the court on 2.5.91 before the disposal of the present case by the lower court. When the sureties have produced accused appeared before the court and surrendered and was also seen on 2.5.91, the court ought to have taken a lenient view of the matter exonerating the sureties from their liability. Keeping in view the facts of this case, the penalty imposed by the courts below should be set aside. 6. The appeal is allowed. The order of the learned trial court dated 21.1.94 set aside and the order imposing penalty of Rs. 2,000/- against each of the accused Appellants is set aside. 7. Let a copy of this order be issued to learned Counsel for the Appellants on payment of usual charges within 3 days.