The Court has the discretion to consider the circumstances and reduce the penalty for forfeiture of bail bond and surety, especially when the accused's absence was due to illness and he surrendered before the trial Court.

H.R. Panwar, J.-By this appeal under Section 449, CrPC, the appellants have challenged the order dated 07.03.2005 passed by the Special Judge, NDPS Cases, Sri Ganganagar (for short, “the trial Court” hereinafter), by which the trial Court forfeited a sum of Rs.2,000/-from bail bond and the surety bonds each.

2. Appellant No.1 Jagdish @ Jagiya was facing trial before the trial Court for the offences under the Narcotic Drugs and Psychotropic Substances Act. Appellants No.2 and 3 stood surety for Appellant No. 1. During trial, the accused-appellant No.1failed to put-in appearance and the trial Court forfeited the bail bond and the surety and initiated proceedings under Section 446, CrPC. On 19.02.2005, the appellants surrendered before the trial Court and filed reply to the proceedings under Section 446, CrPC. The trial Court, after hearing the parties, vide impugned order dated 07.03.2005 imposed the penalty of Rs.2000/-against each of the accused-appellants and his two sureties.

3. I have heard learned Counsel for the appellants and the Public Prosecutor for the State.

4. After trial, the Accused-appellant No.1 has already been acquitted by the trial Court. The reason assigned for his absence was that he was suffering from the ailment of dysentery. Appellants No. 2 and 3 stood sureties for the accused-appellant No.1. In Jasvender Singh vs. State, 1988 (2) RLW 595, this Court, while dealing with a similar matter in which the accused had been acquitted after trial, this Court reduced the amount of penalty from Rs.2,000/-to Rs.200/-.

5. In this view of the matter, as the Accused-appellant No.1 remained absent only on one occasion and that too on account of suffering from the ailment of dysentery and thereafter surrendered before the trial Court, I consider it just and proper to reduce the amount of the penalty.

6. Consequently, the appeal is partly allowed. The amount of penalty imposed against each of the appellants is reduced from Rs. 2,000/-to Rs. 1,000/-. The stay petition stands disposed of .