Now, the only appellant is Lenin Kumar since the name of the original appellant has been deleted subsequently. The appellant - Lenin Kumar was one of the sureties to the accused. Since the accused absconded and as the appellant and other accused failed to produce him and forfeited the bond, notice was issued under section 446 of Cr.P.C. The appellant and other sureties did not appear before the trial court. Hence, this petitioner and other sureties were directed to pay Rs.15,000/- (Rupees Fifteen thousand only) each as penalty.
2. The learned counsel for the appellant submits that subsequently the accused surrendered before Court and he was granted bail and the sessions case itself was disposed of and all the accused therein were acquitted. The learned Crl.A. No. 480/2014 -2-
counsel further submits that the aforesaid factors may be taken into consideration for showing leniency in the matter.
3. Considering all the aspects, the penalty imposed on the appellant is reduced to Rs.7,500/- (Rupees Seven thousand Five hundred only), which he has already deposited before the trial court.
In the result this Criminal Appeal is allowed to the extent indicated above. Since the amount of Rs.7,500/- has already been deposited, further proceedings against this appellant shall stand withdrawn.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj