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Showing contexts for: section 446A of criminal procedure code in Ambarish vs The State Of Karnataka on 30 May, 2024Matching Fragments
6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that petitioner who was granted regular bail earlier in Crl.Misc.No.1712/2022 had jumped the bail and therefore his bail bonds were cancelled and the surety furnished by him was also discharged. Under the circumstances, the Trial Court was fully justified in imposing the impugned condition. Accordingly, she prays to dismiss the petition.
7. Section 441 of Cr.P.C provides for bond of accused and sureties and Section 441A of Cr.P.C provides for declaration by the sureties. Section 444 of Cr.P.C provides for discharge of sureties and Section 446 of Cr.P.C provides for procedure when bond has been forfeited. Section 446A of Cr.P.C provides for cancellation of bond and bail bond.
8. Sections 446 and 446A of Cr.P.C reads as follows :-
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NC: 2024:KHC-K:3439 "446. Procedure when bond has been forfeited. - (1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.