JUDGMENT

The order under Section 446 Cr.P.C. against the sureties is under challenge, mainly on the reason that no sufficient opportunity was given to the sureties to apply under (3) Cr.P.C.. But going by the order it is clear that, inspite of notice, none of the sureties appeared in answer to the show cause notice. They have not applied under (3) Cr.P.C. for getting remission of any part of penalty to be imposed. The amount forfeited comes to Rs.1,00,000/-, but what is ordered by way of penalty comes to only Rs.80,000/-. It is not stated anywhere in the order under what circumstance and on what reason such a reduction of Rs.20,000/- was given. The legal position was very much settled by this court in Crl.A. No. 95/2021 dated 14/7/2021. 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 t