The court may reduce forfeiture penalties imposed on sureties based on fairness and the circumstances of the case.

JUDGMENT

Dated, this the 22^nd day of January, 2026 The first surety in S.C.No. 1020/2023 in the files of the Fast Track Special Court, Hosdurg has filed this appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor in detail and perused the order impugned.

3. Precisely stating, the appellant herein stood as surety No. 1 for releasing the accused in this case before trial court and thereafter, due to non-appearance of the accused before the trial court, the bail bond executed by the appellant along with the accused and the other surety has been forfeited.

4. As held in Thundichi v. State of Kerala [ 2009(4) KLT 67 ], on forfeiture of the bond, subsequent arrest of the accused would not save the surety from paying the forfeited amount of penalty, though leniency in the quantum of penalty can be considered. Thus the learned counsel for the appellant pleaded mercy in the matter of penalty. The learned Public Prosecutor conceded for reasonable deduction in the penalty pointing out the fact that the actual forfeited amount as Rs.

1,00,000/-.

5. Since the reduction of the penalty amount alone is the matter to be considered by this Court, in the interest of justice, the penalty imposed by the court on Rs.1,00,000/-, is reduced to pay an amount of Rs.25,000/-. There will be a direction to the appellant to pay the amount before the Hon'ble Special Judge, Fast Track Special Court, Hosdurg on or before 05.02.2026. It is specifically made clear that if the penalty will not be remitted within the said period, the appellant is bound to pay the entire amount, covered by the order impugned.

The appeal stands allowed as indicated above.

SD/-