JUDGMENT

It is a case wherein the learned Sessions Judge had shown leniency so as to reduce the fine amount to Rs.20,000/- and 15,000/- to the appellants respectively, though the bond amount comes to Rs.25,000/-. The legal position was very much settled by this court in Crl.Appeal No.95/2021 dated 14/07/2021. Paragraphs 5 and

6 of the judgment are extracted below for reference:

“5. When the bond amount was forfeited, the liability for the entire amount would arise at the same moment. Provisions are made in the Cr.P.C. by way of Section 446 (3)to remit any portion of the penalty to be imposed and to enforce payment in part, but for which reasons should be recorded. It is not within the jurisdiction of the trial court either to reduce or to give up or to alter the penalty, which would be the legal consequence of the forfeiture of the bail bond except under (3)Cr.P.C., for which, reasons must be recorded. Section 440 Cr.P.C. cannot be applied while dealing with forfeiture of bail bond under Cr.P.C.. Cr.P.C. basically deals with fixation of bond amount or reduction thereof and it should be done with due regard to the circumstances of the case and it should not be excessive. The exercis