- (1.) COPY of application under Section 5 of the limitation Act has been given to learned PP.
(2.) FOR the reasons mentioned in the application, the delay occasioned in filing of the appeal is condoned. The application under Section 5 of the Limitation Act is allowed accordingly. With the consent of learned counsel for the parties, the matter is heard and finally decided. Learned counsel for the appellant submits that the appellant remained absent in this Case for a period of about one year and thereafter, he has remained in custody for two months whereafter, he was released on bail. He submits that the direction whereby the amount of Rs.20,000/- which is whole amount of personal bond has been ordered to be forfeited, cannot be justified. He prays that the amount of Rs.20,000/- directed to be forfeited in Section 446 Cr.P.C. proceedings deserves to be reduced. Learned PP has opposed the prayer made by the counsel for the appellant. Having regard to the facts and circumstances of the case, the instant appeal is partly allowed and the order dated 9.11.2011 is modified and now the amount of forfeiture is reduced to Rs.7,500/- from Rs.20,000/-.
(3.) STAY petition also stands disposed of.;