Reduction in surety amount

Securing passports was in fact itself a surety and was neither a conditional bail nor a condition required to be incorporated in the bail bond itself

Petitioners did not disclose as to why passports were needed and no specific details of intended travel had been disclosed

Nothing was pleaded as to inability of petitioners to continue with amount of surety already furnished by them while seeking bails

Constitutional petition was dismissed in circumstances.

Record showed that intention of petitioners was clear and they produced accused before the court and trial was under process, when accused committed murder of his co-accused and absconded

Responsibility of petitioners was fulfilled the moment accused started attending the court/trial

Keeping in view the peculiar circumstances of abscondence of accused and the financial status of petitioners, one of whom was a wage labourer and the other a low paid pensioner, the amount of Rs.50,000 seemed to be too harsh

Revision petition was allowed, amount of surety forfeited was reduced from Rs.50,000 each to Rs.10,000 each and petitioners were directed to continue making efforts for production of accused and Trial Court was advised to further half the forfeited amount, if accused was produced in a month's time.

Surety contended that he stood surety only on humanitarian grounds and gained no monetary benefit in such regard; that he made all possible efforts to produce the accused, and that he was a poor person with a large family and did not have sufficient sources of income

Validity

Imposing entire fine upon the surety without any proof of mala fide or personal gain was not justified

Record did not show as to what inquiry , if any, had been made before the Trial Court in assessing the surety's laxity/carelessness or otherwise in his efforts to produce the accused

Revision application was allowed, amount of surety forfeited was reduced from Rs.50,000 each to Rs.37,000 and applicant was directed to deposit the same before the Trial Court within one month.