JUDGMENT

After forfeiting the bail bond of Rs.25,000/-, the learned Sessions Judge imposed a penalty of Rs.10,000/- each on the counter petitioners/appellants herein by remitting the balance amount under Section 446(3) Cr.P.C., for which no reason is seen recorded. The legal position is 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 Section 446 (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 Section 446 Cr.P.C.. Section 440 Cr.P.C. basically deals with fixation of bond amount or reduction thereof and it should be done with d