Bail bond excessiveness under CrPC: HC affirms power to reduce bond where liberty and justice require it.

A bail bond fixed in default bail proceedings must be set having regard to the circumstances of the case and must not be excessive. Under Chapter XXXIII and Section 440(2) CrPC, the court may reduce the bond amount by balancing the nature of the offence, the need to secure the accused's presence, and the protection of personal liberty under Article 21. Applying that discretion, the HC found the original bond was not inherently unreasonable for the alleged offence, but reduction was justified because the accused had been unable to furnish it for an extended period. The bond was therefore reduced, while the remaining bail conditions were left unchanged.

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Issues: Whether the bail bond of Rs. 1,00,000/- each imposed while granting default bail was excessive and liable to be reduced under the Code of Criminal Procedure, 1973.

Analysis: The amount of every bond under Chapter XXXIII must be fixed with due regard to the circumstances of the case and must not be excessive. The Court has discretion under Section 440(2) to reduce the bond amount, and that discretion is to be exercised having regard to the nature of the offence, the surrounding circumstances, the need to secure the accused's presence, and the right to personal liberty under Article 21 of the Constitution of India. The Court found that, though the original bond amount was not unreasonable in the context of the alleged smuggling offence, the petitioners had remained unable to furnish the bond since 08.06.2021, and reduction was justified in the interests of justice.

Conclusion: The bail bond amount was reduced from Rs. 1,00,000/- each to Rs. 50,000/- each, with the remaining conditions left unchanged, in favour of the petitioners.

Ratio Decidendi: A bail bond must be fixed with due regard to the circumstances of the case and must not be excessive, and the court may reduce the amount where necessary to balance the administration of justice with the accused's right to personal liberty.

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