MOHAMMED KUNJU AND ANR. versus STATE OF MAHARASHTRA

MOHAMMED KUNJU AND ANR. versus STATE OF MAHARASHTRA

Modification of bail conditions does not discharge a surety from his liability under the bond unless he formally applies for discharge; both sureties are independently liable for the amount undertaken in their respective bonds; remission of penalty is warranted in the circumstances; only one appeal lies under Section 449 CrPC, further appeal treated as revision.

Parties
Appellant/surety: Mohammed Kunju; Appellant/surety: Appellant 2 (name not specified); Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
29 October 1999
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court
Outcome
Appeals disposed of with partial remission of penalty granted.
Legal Topics
Surety Liability, Forfeiture of Bail Bonds, Remission of Penalty, Criminal Procedure
Criminal Law Bail Law Surety Liability Forfeiture of Bail Bonds Remission of Penalty Criminal Procedure

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Parties

Mohammed Kunju

Appellant/surety

Appellant 2 (name not specified)

Appellant/surety

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether modification of bail conditions absolves the surety from liability under the bond
  2. 2 Whether both sureties are jointly liable or individually liable for the amount specified in the surety bond
  3. 3 Whether remission of penalty is warranted in the facts of the case

Ratio Decidendi

Modification of bail conditions does not discharge a surety from his liability under the bond unless he formally applies for discharge; both sureties are independently liable for the amount undertaken in their respective bonds; remission of penalty is warranted in the circumstances; only one appeal lies under Section 449 CrPC, further appeal treated as revision.

Court Disposition

Appeals disposed of with partial remission of penalty granted.

Orders

  • Each surety directed to pay penalty of rupees five thousand only.
  • If appellants have already paid any excess amount, they may apply for refund of excess portion from the court concerned.