Code of Criminal Procedure, 1973
446. Procedure when bond has been forfeited.
(1) Where a bond under this Code is for appearance, or for production
filed the present appeal,
under Section 449 of the Code of Criminal Procedure
(hereinafter referred to as ' CrPC '), against the order ... scope and import of section 446 of the
Code of Criminal Procedure ( Cr.PC ) in paras 6,7,8&10 of
the judgment held
filed the present appeal,
under Section 449 (ii) of the Code of Criminal Procedure
(hereinafter referred to as ' CrPC '), against ... scope
and import of section 446 of the Code of
Criminal Procedure ( Cr.PC ) in paras 6,7,8&10
of the judgment held
have
perused the record.
9. Section 439 of the Code of Criminal Procedure provides about
the powers of the High Court or the Court ... case, the bond is subsequently
forfeited, it is the procedure provided under Section 446 Cr.P.C, which is
required to be followed.
12. Section
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.88 OF 2021
(arising out of SLP (Crl.)No.10247/2019)
AJAY KUMAR @ BITTU ... which judgment High Court had
dismissed the Criminal Revision filed by the appellants. The Criminal
Revision was filed by the appellants against the order dated
Respondents
in both Crl.OPs
Prayer in Crl.O.P.No.25832 of 2018: Criminal Original Petition
filed under Section 482 of ... bail is cancelled either
under Section 437 or 439 of the Criminal Procedure
Code , whereas, now, such cancellation takes place
automatically by operation of Section
Respondents
in both Crl.OPs
Prayer in Crl.O.P.No.25832 of 2018: Criminal Original Petition
filed under Section 482 of ... bail is cancelled either
under Section 437 or 439 of the Criminal Procedure
Code , whereas, now, such cancellation takes place
automatically by operation of Section
advised
Magistrates to refer to the relevant Sections of the
Code of Criminal Procedure , to read them and to
follow them when mistakes such ... bonds by initiating
proceedings under Section 446 of the Code of
Criminal Procedure separately. The Court below
further directed the issuance of show-cause notice
Respondents
in both Crl.OPs
Prayer in Crl.O.P.No.25832 of 2018: Criminal Original Petition
filed under Section 482 of ... bail is cancelled either
under Section 437 or 439 of the Criminal Procedure
Code , whereas, now, such cancellation takes place
automatically by operation of Section
Sandeep Sharma, Judge(oral):
Instant criminal appeal filed under Section 449 (ii) of
Code of Criminal Procedure, lays challenge to orders dated ... accused and as such, learned Court
below initiated proceedings under Section 446 Cr.P.C against him.
Vide order dated 16.01.2023, learned Special Judge, Mandi