This revision is in challenge of judgment of learned Sessions Judge, Kasargod in Crl. Appeal No.320 of 2006 modifying the penalty payable by petitioners and imposed by the learned Assistant Sessions Judge, Kasargod in Crl.M.C. No.2 of 2003.

2. Facts which are not in dispute are that petitioners bailed out the accused in S.C. No.888 of 2000 of the court of learned Assistant Sessions Judge, Kasargod for offence punishable under Section 55(a) of the Abkari Act. Petitioners executed bond for Rs.10,000/- each. On the relevant day accused did not appear in the trial court. Thereon notice was issued to the petitioners to show cause, obviously as provided under Section 446(1) of the Code of Criminal Procedure (for short, "the Code"). Petitioners did not respond. Learned Assistant Sessions Judge forfeited the bail bond and directed petitioners to pay penalty of Rs.10,000/-. That order was challenged in appeal at the instance of petitioners. Learned Sessions Judge modified the penalty payable as Rs.3,000/-. Not satisfied, petitioners took up the matter in revision in this Court. When the matter came up for hearing, taking note of the divergent views in the decisions of this Court i