J.M.Tandon, J. - (1.) IN proceedings under Section 107/151, Code of Criminal Procedure, 1973, the Executive Magistrate, Kapurthala, directed Amrit -saria Ram to furnish bail in the sum of Rs. 20,000 for appearance and Rs. 30,000 for security purposes. Amritsaria Ram approached the Sessions Judge under Section 440, Code of Criminal Procedure, alleging that the amount of bail demanded was excessive and prayed for its reduction. An objection was raised before the Sessions Judge, regarding his competency to entertain the application under Section 440, Code of Criminal Procedure . The Sessions Judge, - -vide order, dated August 11, 1975, held that he was competent to entertain the application under Sub -section (2) of Section 440, Code of Criminal Procedure . He also found that the amount of bail demanded for appearance and security purposes was excessive and reduced it to Rs. 5,000 each. It is against this order that the present revision has been filed by the State.
(2.) THE learned Advocate General has argued that the learned Sessions Judge erred in holding that he was competent under Sub -section (2) of Section 440, Code of Criminal Procedure to entertain the application of Amritsaria Ram for reduction of bail amount demanded from him in security proceedings. Sub -section (1) of 440 is restricted to bonds executed under Chapter XXXIII of the Code. Sub -section (2) of Section 440 is not independent of Sub -section (1) thereof. The provisions relating to security proceedings are contained in Chapter VIII of Code of Criminal Procedure . Sub -section (2) of Section 440 shall, therefore, have no application to the security proceedings under Chapter VIII of the Code of Criminal Procedure . In my opinion, the contention is devoid of force. Section 440 of the Code of Criminal Procedure reads: 440. (1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced. Under Sub -section (1) of Section 440, it is specifically provided that it shall relate to the bonds executed under the Chapter containing this section. Section 440 is contained in Chapter XXXIII. This Sub -section is directory. Under Sub -section (2), the High Court and the Court of Session have been given the power to reduce the bail required by a police officer or a Magistrate. The point for consideration is: whether Sub -section (2) of Section 440 is restricted to Chapter XXXIII of the Code of Criminal Procedure or it will apply to the security proceedings as well, the provisions of which are contained in Chapter VIII of the Code?
(3.) THE application of the provisions contained in sections in Chapter XXXIII of the new Code is not per se restricted to this Chapter. The provision contained in Sub -section (1) of Section 440 has been specifically restricted to the bonds executed under Chapter XXXIII. Sub -section (2) of Section 440 is independent of Sub -section (1) thereof and is not subservient thereto. The restriction imposed in Sub -section (1), therefore, shall not extend to Sub -section (2).;