Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
MUSTHAFA AGED 55 YEARS S/O.KAMALI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. appeal filed regarding bail bond forfeiture. (Para 1 , 3) |
| 2. heard submissions from both sides regarding penalty. (Para 2) |
| 3. penalty reduced considering appellants' financial conditions. (Para 4) |
| 4. final directive given for reduced penalty payment. (Para 5) |
JUDGMENT
Dated this the 27th day of January, 2026 The sureties in S.C.No.285/2023 on the files of the Fast Track Special Court, Pattambi, has filed this appeal under Section
495 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
2. Heard the learned counsel for the appellants and the learned Public Prosecutor in detail and perused the order impugned.
3. Precisely stating, the appellants herein stood as sureties for releasing the accused in this case before trial court and thereafter, due to non-appearance of the accused before the trial court, the bail bond executed by the appellants along with the accused has been forfeited.
4. As held in Thundichi v. State of Kerala [ 2009(4) KLT 67 ], on forfeiture of the bond, the accused would be produced by the sureties or the accused was later arrested would not save the sureties from paying the forfeited amount of penalty, though leniency in the quantum of penalty can be c
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
