court below
while separating the proceedings u/s 446 Code of Criminal
Procedure and directing to register a case by an order dated ... notices for recovery in the same breath.
u/s 446 Code of Criminal Procedure show cause notice is
mandatory prior to forfeiting the bonds
court below while
separating the proceedings u/s 446 Code of Criminal Procedure and
directing to register a case by an order dated ... notices for recovery in the same breath. u/s 446 Code of
Criminal Procedure show cause notice is mandatory prior to
forfeiting the bonds
SARVARIA
ADDITIONAL SESSIONS JUDGE-01/SOUTH
PATIALA HOUSE COURT/NEW DELHI
Criminal Appeal No. 144/2009
Bishan Kumar
S/o Sh. Gopal Parsad ... word
'surety' in the Code of Criminal Procedure
because there is a tendency to regard this
word as meaning a surety
under section 446 of Cr.P.C. as
prescribed in Code of Criminal Procedure was duly served upon the
surety . On the request ... interalia held as under :
" Section 446 of the Code of Criminal
Procedure which deals with the procedure
when a bond has been forfeited clearly
Bail Bond, penalty is to
be imposed as per procedure prescribed under Section 446 Cr.P.C
Surprisingly, in this case notice under Section ... complied or violated then before imposing the penalty the
procedure has been prescribed under Section 446 Cr.P.C which is
reproduced as under
heard. File perused.
Crl. Rev. No.88/11 1
4. The penalty has been imposed upon the petitioner - surety U/s
446 ... trial court has
not followed the prescribed procedure before imposing penalty upon the
surety - petitioner U/s 446 Cr.P.C . in as much
failed to
appreciate the provisions of Section 446 Cr.P.C. while imposing the
penalty of Rs.15000/- upon the surety/appellant. He has further ... issued NBWs against the accused and notice U/s
446 Cr.P.C . to the revisionist/surety for 13.10.2006. It has been further
submitted that
Inderp u ri under Section 406 / 4 9 8A IPC.
During the argume n t s on the said application, the parties to the
litigation ... court on the
Criminal Revision No. 154/07 3 Om Prakash Vs State
ground that no notice under Section 446 CrPC was received
Phal (recalled for cross-
examination u/sec. 311 Cr.P.C . )
On SA :
XXXXX by Sh. Tarun Gehlot, Counsel for accused Sumitra and Gurdeep ... State.
Accused absent.
B/W against accused and notice u/sec. 446 Cr.P.C . to his surety
received back unexecuted. Report perused. It appears
Phal (recalled for cross-
examination u/sec. 311 Cr.P.C . )
On SA :
XXXXX by Sh. Tarun Gehlot, Counsel for accused Sumitra and Gurdeep ... State.
Accused absent.
B/W against accused and notice u/sec. 446 Cr.P.C . to his surety
received back unexecuted. Report perused. It appears
