N. S. SHEKHAWAT
Rawel Singh – Appellant
Versus
Punjab State – Respondent
JUDGMENT :
Mr. N.S. Shekhawat J.: - The appellant has filed the present appeal under Section 449 of the Code of Criminal Procedure with a prayer to set aside the order dated 13.11.1999 passed by the Court of Sh. Gurnam Singh, the then Additional Sessions Judge, Hoshiarpur, whereby a penalty of Rs.50,000/- i.e. the amount of surety bond, was imposed on him and the same was ordered to be recovered from him as arrear of land revenue.
2. As per the case set up by the prosecution, on 26.08.1999, Baljinder Singh accused was granted the concession of interim bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties each of the like amount and was directed to surrender before the Trial Court on 24.09.1999.The appellant and one more person namely Meet Singh had stood sureties for Baljinder Singh in the sum of Rs.50,000/- each. However, on 24.09.1999, Baljinder Singh did not surrender in the Court and his bail bonds and surety bonds were cancelled and forfeited to the State and was ordered to be summoned through non-bailable warrants. However, notice was issued to the appellant and another surety to produce Baljinder Singh, accused. As per the prosecution, the appellan
A surety cannot be penalized without being given a show cause notice and without the trial court recording grounds for forfeiture, as per the principles of natural justice.
A surety must be afforded an opportunity to contest the imposition of a penalty for non-production of an accused, adhering to principles of natural justice.
The main legal point established in the judgment is the requirement to adhere to the prescribed procedure under Section 446 CrPC for the forfeiture of surety bonds, including issuing show cause notic....
The judgment establishes that a surety's obligation remains despite the accused's non-appearance, allowing for reduced penalties at the court's discretion.
Sureties liable for bail bond forfeiture penalty post-accused non-appearance; quantum reducible on leniency grounds.
Sureties remain liable for penalties upon bail bond forfeiture due to the accused's non-appearance, irrespective of subsequent production of the accused.
The court can reduce penalty for bond forfeiture, reaffirming judicial discretion in penalty assessment.
Sureties liable for bail bond forfeiture penalty despite accused production; quantum reducible in interest of justice.
The court has discretion to reduce penalty amounts imposed on sureties for bail bonds under specific circumstances.
Court may reduce penalty for bond forfeiture in pursuit of justice while adhering to legal precedents.
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