SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the imposition of the penalty of Rs. 5000.00 011 the forfeiture of the surety bond furnished by the petitioner. It suffices to mention that the bond executed by the petitioner was in the sum of Rs. 5000.00. The evidence disclosed that Lakhvinder Singh, who was being prosecuted in the trial Court under Section 307, Indian Penal Code and for whose appearance the bond had been executed did not appear in the trial Court on February 15, 1982. The trial Court after recording the evidence, imposed a penalty of Rs. 5000.00 on the petitioner for having failed to explain as to why he failed to produce Lakhvinder Singh accused on February 15, 1982. Feeling dissatisfied, Sucha Singh petitioner went up in revision but the same was dismissed by the Sessions Judge, Kapurthala, on May 23, 1983. He has now come up in revision.

(2.) TAKING into consideration all the facts and circumstances of the case I am inclined to take a lenient view. In this case, the ends of justice will be met by requiring the surety to pay an amount of Rs. 2500.00. I am I taking into consideration the fact that the petitioner is a poor man. Sucha Singh Vs. State of Punjab IMPORTANT POINT Poverty of the surety relevant circumstance for reducing penalty imposed on forfeiture of surety bond. The petition is allowed and the orders of the Courts below are set aside and it is directed that the petitioner shall pay a sum of Rs. 2500.00 and not the sum of Rs. 5000.00, which is the amount of penalty imposed by the trial Court.