Sandeep Sharma, Judge

(oral):

By way of instant criminal petition filed under Section 528of Bharatiya Nagarik Suraksha Sanhita, 2023, prayer has been made by the petitioner for quashing of order dated 27.5.2025, whereby petitioner has been issued warrant of recovery of Rs. 50,000/- underSection 421 (1) b of CrPC.

2. Precisely, the facts of the case, as emerge from the record, are that during proceedings of the case before the court below, petitioner stood surety to respondent No.2-accused at the time of bail and since he failed to cause presence of the accused during the pendency of the trial, court below initiated proceedings under Section 446 Cr.PC against him. Learned court below imposed penalty to the tune of Rs. 50,000/- and issued warrant of recovery against him. In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein to set-aside aforesaid order imposing penalty or reduce the penalty while exercising power underSection 446 of Cr.PC.

3. Having heard learned counsel for the parties and perused material available on record, this court though finds no illegality in the impugned order dated 27.5.2025, because in the event of non- appearance of the accused in trial, it was the duty of the surety to cause presence of the accused. In case surety of the accused fails to cause his presence, surety amount mentioned in the surety bonds is liable to be recovered from him. Since in the case at hand, petitionerifurnished surety in the sum of Rs.50,000/- at the time of enlargement of accused on bail and he failed to cause his presence during trial, learned court below had no option but to initiate separate proceedingsunder Section 446 Cr.PC against the surety.

4. Question, which now remains to be considered is, ‘whether this court can reduce the amount of penalty imposed bylearned court below or not?

5. Before finding answer to the same, Section 446(iii)Cr.P.C, may be taken note of, which reads as under:

“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 the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation.- A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which thecase may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if suchpenalty were a fine imposed by it under this Code. provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civiljail for a term which may extend to six months.

(3) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect ofthe bond.

(5) Where any person who has furnished security under section106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified