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
control.
9. No doubt Section 446(3) of the Code of Criminal Procedure
empowers the Court to grant remission of penalty. It is within ... contained in
Form 42 of Schedule V of the old Code of Criminal Procedure ,
1898, have held thus: (SCC p. 195, para
imposed on the appellant under Section 446 of the Code of Criminal
Procedure, 1973 for not producing the accused Chatar Singh in the Court ... discretionary power under Section 514(5) of 1898 Code ( Section 446(3) of
the 1973 Code) even at a subsequent stage. In Sualal Mushilal
extract hereinafter, the relevant portion.
446. Procedure when bond has been forfeited.
(1) Where a bond under this Code is for appearance, or for production ... read, into the drawing(s) of the procedure contemplated
in Section 446 of the Cr.P.C., and, when as afore stated, the consequences
surety bond were cancelled and forfeited
and proceedings under Section 446 Cr.P.C. were initiated
against the petitioner being a surety. It is further ... trial Court in
pursuance to the notice issued under Section 446 Cr.P.C.
Counsel for the petitioner further submits that while issuing
proclamation under
passed in application for anticipatory bail
under the provisions of Section 438 Cr.P.C. by the Additional Sessions
Judge, Gurugram, (for short ... arrested. Therefore, the application under
Section 438 of the Code of Criminal Procedure, 1973.
b) Three criminal complaints under reference were filed on
14.03.2013 under
proceedings
initiated against the appellant under Section 446 of the
Code of Criminal Procedure, an amount of Rs.1 lac was
imposed as a penalty ... Form No. 42 of Schedule V of the old
Code of Criminal Procedure , 1898, have held thus:
"The undertaking to be given
Even otherwise, for
an offence under Section 409 IPC, no sanction for prosecution under Section
197 Cr.P.C. was required. He, however, fairly concedes ... commission of an
offence under Section 409 IPC, sanction for prosecution under Section 197
Cr.P.C. is not required. A perusal of the judgments
each by way of penalty, in proceedings under Section 446 Cr.P.C.
2. The brief facts of the case are that Pardeep ... imprisonment in a criminal case having FIR
No.381 dated 21.11.2008 under Sections 302 , 307 , 325 , 323 , 449 IPC and 25
of Arms Act , registered
been imposed on the appellant under Section 446
of the Code of Criminal Procedure 1973 for not producing the
accused Raj Singh before the trial ... discretionary power under
Section 514(5) of 1898 Code (Section 446(3) of the 1973 Code) even
at a subsequent stage. In Sualal Mushilal
