Supreme Court of India
Istkar v. The State of Uttar Pradesh & Anr.
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What the Court ordered
In view of the above, to meet the ends of justice and with the discretion of remitting the penalty vested in Court, the present appeal is allowed to the extent that the amount to be deposited by the 871 appellant is reduced to the nominal amount of Rs. 5,000/- (Rupees Five Thousand) owing to the peculiarity of the facts and circumstances of the present case.
Judgment, page 17
From the headnote
Code of Criminal Procedure, 1973 – Chapter VIII – s.107, 117 – Bond in the sum of Rs.5,00,000/- was furnished by the appellant in terms of s.107 for keeping the peace in the wake of upcoming panchayat elections – Forfeited – Revision petition filed by the appellant was dismissed – Writ petition filed by appellant, High Court held that there was no illegality in the orders passed – On appeal, held: The scope and nature of s.107 is preventive and not punitive as it aims at ensuring that there be no breach of peace and that the public tranquillity be not disturbed by any wrongful or illegal act…
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