Ved Prakash vs State of Rajasthan

K.S. Rathore, J.—The present appeal has been preferred by the surety-Shri Ved Prakash S/o Shri Ram Narayan against the judgment dated 07.05.2007 passed by the Special Judge (Fake Currency Cases), Jaipur City, Jaipur in Criminal Misc. Case No. 14/ 2007 whereby the trial Court passed the order to recover the amount of bail bond to the tune of Rs.25,000/- (Rupees twenty five thousand) from the surety under proceeding u/s 446 Cr.P.C. in Regular Criminal Case No.32/2005.

The present appeal has been preferred by the appellant- surety on the limited ground that the amount of Rs.25,000/- be reduced.

Learned counsel for the appellant has placed reliance on the judgment rendered by the Supreme Court in the case of Mohammed Kunju & Anr. vs. State of Karnataka, 1999 C.LR. (SC) 802. While dealing with the case of forfeiture of bail bond u/s 446 Cr.P.C. it was observed that the accused was a foreign national and has failed to appear before the Court, the bond executed by the accused with two sureties have been forfeited. The Hon''ble Supreme Court after considering the facts and circumstances of the case, remission was granted to the appellant and to meet the ends of justice remission was granted to the extent that each appellant need pay Rs.5,000/- as penalty. If the appellants have already paid any amount in excess thereof they can apply and get refund of the excess portion from the Court concerned.

Placing reliance on the aforesaid judgment, the learned counsel for the appellant submits that he has already deposited Rs.25,000/- with the trial Court and prayed that the surety amount be reduced in view of the ratio decided by the Supreme Court and the Coordinate Bench of the this Court.

Having considered the ratio decided by the Supreme Court, remission is granted to the extent that surety-appellant need pay Rs.5,000/- as penalty. Since the appellant- surety has already deposited the amount of Rs.25,000/- the appellant-surety may apply for refund of Rs.20,000/- and get the refund of the excess amount from the concerned Court.

With this observation the criminal appeal stands disposed of.