A Hariprasad, J.

1. Aggrieved by order passed by the Additional Sessions Judge-IV, Kollam in M.C.No.29 of 2017 in S.C.No.6 of 2016, imposing a penalty of Rs.one lakh each on the appellants, they are before this Court. Appellants stood as sureties for the accused in the above Sessions Case. They could not produce the accused as agreed to in the bond. Learned Sessions Judge imposed penalty finding that the bond was forfeited.

2. Heard the learned counsel for the appellants and the Public Prosecutor.

3. At the outset, I must observe that the order passed by the court below is not only harsh, but also legally unsustainable. Section 446 Cr.P.C. reads thus:

446. Procedure when bond has been forfeited.- (1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court or of any Court to which the case has subsequently been transferred, that the bond has been forfeited,

or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of th