lies.
5. Section 446 of Cr.P.C. prescribes the procedure to be
followed after forfeiture of the bond. Whereas, Section 446A
of ... passed
the order under Section 446 of Cr.P.C. But the order is passed
under Section 446A of Cr.P.C. for forfeiture
accused, he has to proceed
in accordance with the procedure contemplated by
Section 446 of Cr.P.C. If he is ordering ... Section 446A of Cr.P.C. which reads thus:
" 446A. Cancellation of bond and
bail bond.- Without prejudice to the
provisions of Section
appeared through
Counsel, who has filed the above petition under Section 317 of CrPC to
dispense with their appearance ... accused persons and proceed further in accordance
with Section 446A of CrPC.
5.If the accused persons regularly appear before the Court
Sections 302 , 201
r/w. Section 34 of IPC and Section 3(2)(v) of SCST
(Prevention of Atrocities) Act.
2. This Court in Crl ... cancel the bail bond as required under
Section 446A of the Code of Criminal procedure and to
secure the presence of the petitioner.
5. Under
avail the
remedy before the Trial Court under Section 446A of Code of
Criminal Procedure.
2. Leave granted.
3. Both the applications stand disposed
avail the
remedy before the Trial Court under Section 446A of Code of
Criminal Procedure.
2. Leave granted.
3. Both the applications stand disposed
Sections 62 , 63 and 64 of the Code by the serving officer.
10. Evidently, the procedure prescribed under Sections 64
and 65 of the Code ... Section 446 of the Code prescribes the procedure
when bond has been forfeited whereas Section 446A of the Code
prescribes for the procedure for cancellation
State of Rajasthan, 2001(4) RCR (Criminal) 377.'
6. Section 436 of the Code of Criminal Procedure, 1973 is
reproduced below ... nothing in this section shall be
deemed to affect the provisions of sub-section (3) of section
116 [or section 446A].
[Explanation-where a person
Aldanish Rein vs State Of Nct Of Delhi & Anr. on 1 November, 2018
Equivalent
Bhoop Ram vs State Of Himachal Pradesh on 19 November, 2018
Author: Vivek Singh Thakur
