ABDUL RAZZAQ and another vs THE STATE
This criminal revision petition challenges an order passed by the Additional Sessions Judge, Khanpur, which directed the petitioners to pay a penalty of Rs. 50,000 each following their failure to comply with a previous court order regarding surety bond forfeiture. The petitioners had originally stood surety for two accused individuals in a criminal case. After an initial penalty of Rs. 17,000 was imposed, a prior revision order reduced this to Rs. 7,000, conditional upon payment within a month, failing which the original penalty of Rs. 50,000 would be reinstated. Upon the petitioners' failure to meet the deadline, the trial court enforced the full Rs. 50,000 penalty. The core legal question concerns the proportionality and enforcement of surety bond penalties upon default. The High Court, noting that the petitioners had subsequently deposited the initial penalty amount of Rs. 17,000, held that the enforcement of the full Rs. 50,000 was excessive. The Court set aside the direction to pay the remaining Rs. 33,000, effectively capping the penalty at the amount originally imposed by the trial court.
- Can a court reduce the amount of penalty imposed for the forfeiture of a surety bond?
- Does a failure to comply with a conditional order regarding surety payment justify the imposition of the full bond amount?
- Is a trial court's order regarding the enforcement of surety penalties subject to revision by the High Court?
' This revision is directed against order dated 30-5-2004 passed by Mr. Abdul Noor Nasir, Additional Sessions Judge, Khanpur, whereby the petitioners were directed to pay Rs.50,000 each, as amount of penalty imposed upon them.
2. The relevant facts of the case are that Vide order dated 20-2-2004 passed by the learned Additional Sessions Judge, Khanpur, penalty of Rs.17,000 was imposed on each of the petitioners, who had stood sureties for Mushtaq Ahmad and Naeem Shahzad in case F.I.R. No.90 of 2002, registered at Police Station Sehja. The learned Court directed the petitioners to pay the amount of penalty i.e. Rs.17,000 each within 15 days and in case of default of payment thereof the petitioners were to pay full amount of the surety bonds i.e. Rs.50,000 each. The petitioners challenged the order passed by the learned Court below before this Court by way of filing a revision, which was decided in the following terms:-- "Considering all the above-noted circumstances, I reduce the amount of penalty from Rs.17,000 each to Rs.7,000 each. The amount of the penalty would be deposited by the petitioner with the learned trial Court within a month, failing which the order passed by the learned trial Court would stand resurrected and the law would take its own course."
' The petitioners failed to comply with the order of this Court within stipulated time. Thus, vide order dated 30-6-2004, the learned Additional Sessions Judge, Khanpur, directed the petitioners to pay full amount of penalty i.e. Rs.50,000 each. Hence this revision.
3. I have heard the learned counsel for the parties and gone through the record. It has been noticed that both the petitioners have deposited Rs.17,000 each, the amount of penalty imposed upon them initially by the learned trial Court vide order dated 20-2-2004, therefore, in this view of the matter, while reducing the amount of penalty from Rs.50,000 each to Rs.17,000 each (already deposited). I, set aside the direction of the learned Additional Sessions Judge, Khanpur, relating to deposit of remaining amount i. e . Rs .33 , 000, each.
4. With the above modification relating to reduction in the amount of penalty imposed upon the petitioners this revision is partly allowed.