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SHAMIM AHMED
Dharmendra Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Shamim Ahmed, J.) :
1. Heard Sri Ajay Pratap Singh, learned counsel for the appellant and Sri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the material available on record.
2. This is an appeal under Section 449 Cr.P.C. against the judgment and order dated 18.08.2008 in Criminal Misc. Case No. 03/08 (State Vs. Dharmendra Kumar Singh), under Section 446 Cr.P.C., Police Station Kotwali Ayodhya and against the judgment and order dated 17.03.2008 passed by learned Additional Session Judge/F.T.C.-5th, Faizabad in Sessions Trial No. 114/97, arising out of Case Crime No. 1497/97 : State Vs. Radhey Shyam and others, under Sections 147, 148, 149 and 302 I.P.C., Police Station Kotwali Ayodhya, Faizabad.
3. Learned counsel for appellant has submitted that on 07.07.2005 the appellant had taken surety of accused Radhey Shayam in Sessions Trial No. 114/97, arising out of Case Crime No. 1497/97 : State Vs. Radhey Shyam and others, under Sections 147, 148, 149 and 302 I.P.C., Police Station Kotwali Ayodhya, Faizabad and regarding this bond of surety of Rs. 20,000/-was submitted before the court concerned.
4. Learned counsel for appellant has further submitted that wh
The court has the discretion to remit a portion of the penalty imposed on sureties under Section 446 Cr.P.C. based on the interest of justice.
The discharge of the accused from the offence by the trial court influenced the court's decision to set aside the orders forfeiting the surety bonds.
The discharge of the accused by the trial court influenced the court's decision to set aside the forfeiture of the surety bonds.
The liability of sureties ends upon the accused's surrender, and unjust forfeiture of the surety amount violates principles of justice and equity.
The court emphasized the importance of the appellant's cooperation and provision of detailed information in the trial court's decision regarding the forfeiture of the surety bond and issuance of a wa....
The court may reduce penalties for bail bond forfeiture upon consideration of the surety's circumstances.
Court holds that the penalty for surety bond forfeiture must consider the surety's efforts and circumstances; excessive penalties can be modified at judicial discretion.
Sureties are liable for forfeiture of bail bonds; penalty can be reduced at the court's discretion.
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