JANEES KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the counter petitioners in MC No.24/2024 in SC No.688/2023 on the file of the Court of the Additional District and Sessions Judge-V, Kollam. The counter petitioners were the sureties of the accused in the aforesaid case. During the pendency of the trial, the accused absconded and hence, the bail bond executed by the counter petitioners/sureties was forfeited and notice was issued to the sureties. Though the sureties initially appeared before the court, thereafter they failed to turn up and hence the trial court proceeded to impose a penalty of ?50,000/- each on the counter petitioners. Hence, the appeal.

(2.) It is submitted by the learned counsel for the counter petitioners/appellants that it was because the accused had absconded and gone abroad, they were unable to produce him before the court and hence a lenient view may be taken. The request is opposed by the learned Public Prosecutor.

(3.) Heard both sides.