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Kerala High Court reduces bail bond penalty for sureties when accused absconds, affirming that leniency is permissible under BNS 2023 and equity demands proportionality.
The Himachal Pradesh High Court ruled that courts must consider a surety's financial hardship and sincere efforts to produce the accused when exercising discretion under Section 446 CrPC. The Court reduced a Rs. 1,00,000 penalty to Rs. 10,000, emphasizing that appellate courts can intervene even after forfeiture to ensure fairness in bail bond enforcement.
Kerala High Court reduces bail bond penalty for sureties facing acute poverty, clarifying that courts must balance state interest with individual hardship under Section 446 CrPC.