Code does not give any indication
regarding the circumstances in which the bail can be
cancelled. Section 446A Cr.P.C. says:
"Cancellation ... bond executed by the
CRL.M.C. 6222/15 & con. cases
-: 18 :-
accused is cancelled and forfeited under Section 446A
BNSS (corresponding Section 446 Cr.P.C.), Section 492 BNSS (corresponding Section 446A Cr.P.C.) and furthermore, the court may order the attachment ... BNSS (corresponding Section 446 Cr.P.C.), Section 492 BNSS (corresponding Section 446A Cr.P.C.) and attachment of property of the absconded accused under
Cr.P.C. and
cancelled the bonds under Section 446A of Cr.P.C. No final order
.
has been passed, and the present petition ... Code of Criminal
Procedure. As observed earlier, the first two parts of the
impugned order are also not appealable under Section
449 of the Code
petitioner in Crl.Misc.No.59/2024 is
illegal and without following the prescribed procedure
-5-
NC: 2024:KHC-K:3439
CRL ... 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
preferred under Section 397(1) of Cr.P.C. and section 446A of
Cr.P.C.
(2) Brief facts of the case are that vide ... Code which deals with forfeiture of bonds reads as
under:-
446. Procedure when bond has been
forfeited-
(1) Where a bond under this Code
Magistrate, 1990 (1) KLT 762, that the proviso to Section
446(2) Cr.P.C. is not applicable to the accused. A person bound ... bond amount. In support of his argument, he referred to Section
446 , 446A Cr.P.C. as well as Form No.45 in Schedule
229A I.P.C . dated 07.04.2023, Application U/S 446 Cr.P.C . dated 01.07.2023, Application U/S 446A Cr.P.C . dated
Criminal Case No. 704 of 2006 arising out of
case crime No. 66 of 1994 under Sections 363 , 368 , 374 , 504 , 323 ... coercive measure and
to hear the accused as per provisions under Section 446A Cr.P.C., if any
proceedings in this regard has been taken
criminal miscellaneous petition under Section 446 of
Cr.P.C. against the petitioner and his surety and also issued
NBW against the petitioner.
3
CRL ... Cr.P.C. prescribes the procedure to be
followed after forfeiture of the bond. Whereas, Section 446A
of Cr.P.C. which is included
more sureties.
5. Section 447 Cr.PC has to be read along with the provisions of Section 446A. When so read, the only conclusion ... consonance with the provisions of Sections 436(2) and 446A Cr.PC.
6. Since two different learnd Judges of this Court have taken the aforesaid
