RAMJAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal under Sec. 449(2) of Cr.P.C. has been filed by the appellant against the order dtd. 22/1/2024 passed by learned Sessions Judge, Churu whereby the bail bonds of the appellant as well as sureties amount i.e. total Rs.1.00 lac were ordered to be forfeited by the learned Judge under 446 Cr.P.C. proceedings and after recovery of the said amount of Rs.1.00 lac, the same was confiscated by the Government. Counsel for the petitioner submits that due to some unavoidable circumstances, the appellant could not appear before the trial court for long time and therefore, the trial court initiated proceedings under Sec. 446 Cr.P.C. against the appellant as well as sureties. Counsel submits that subsequently, the learned trial court vide impugned order forfeited the amount of bail bonds and surety bonds i.e. Rs.1.00 lac and after recovery of the same, it was ordered to be confiscated by the government. Counsel submits that in pursuance of the order of the trial court, the appellant deposited the bonds amounting to Rs.1.00 lac with the trial court. It is submitted that since the appellant and the sureties are indigent persons, the recovery and confiscation of the amount of Rs.1.00 lac will have a very harsh impact upon the financial condition of the appellant. Therefore, it is prayed that the impugned order being per se illegal, erroneous and non-speaking, may be quashed and set aside or in the alternative, instead of confiscation of the entire amount of bonds i.e. Rs.1.00 lac, a minimum amount may be confiscated.

(2.) Learned Public Prosecutor has opposed the prayer made by the counsel for the appellant and prays for dismissal of the appeal. Heard learned counsel for the parties and perused the impugned order as well as other material available on record. Considering the facts that the appellant and sureties are indigent persons and despite their weak financial condition, the appellant arranged the amount of bonds i.e. Rs.1.00 lac and deposited the same with the trial court, this Court deems it appropriate to take a lenient view and it is ordered that instead of confiscating the amount of bail bond of the appellant i.e. Rs.50,000.00, the trial court shall confiscate only Rs.25,000.00. The direction regarding confiscation of the amount of surety bonds i.e. Rs.50,000.00 shall remain intact. The amount of Rs.25,000.00 shall be refunded to the appellant on a proper application being moved by him before the trial court. The impugned order dtd. 22/1/2024 passed by this Court stands modified to that extent. The criminal appeal is disposed of accordingly. Stay application is also decided.