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....35,000/- and the second petitioner has deposited Rs.10,000/- towards the bond amount. It also appears that the second petitioner made an application under section 446(3) Cr.P.C. seeking remission.... 4. Section 446(3) of Cr.P.C. provides for remission of the bond amount. It is stated that the second petitioner made such an application, but it is not considered. Even with regard...to the first petitioner, it is stated that he has already paid Rs.35,000/-. In this view, the only course open to the first petitioner is to make an application under section 446(3) Cr.P.C. requesting...
...the same moment. Provisions are made in the Cr.P.C. by way of Section 446(3) to remit any portion of the penalty to be imposed and to enforce payment in part, but for which reasons should be recorded...Section 446(3) Cr.P.C., for which, reasons must be recorded. Section 440 Cr.P.C. cannot be applied while dealing with forfeiture of bail bond under Section 446 Cr.P.C. ...Cr.P.C. for fixing the bond amount is entirely different from that under Section 446(3) Cr.P.C. The former one deals with pre-bail authority and the court can fix bond amount with due regard to the...
...446(3) Cr.P.C.. But going by the order it is clear that, inspite of notice, none of the sureties appeared in answer to the show cause notice. They have not applied under Section 446(3) ...same moment. Provisions are made in the Cr.P.C. by way of Section 446(3)to remit any portion of the penalty to be imposed and to enforce payment in part, but for which reasons...
penalty, which would be the legal consequence of the forfeiture of the bail bond except under Section 446 (3)Cr.P.C., for whic...
..., simply directions were issued to pay penalty of Rs. 50,000/- each by the counter petitioners, the sureties Nos. 1 and 2. The order is also silent about the application of Section 446(3) Cr.p.C. It is...also not seen from the impugned order whether any opportunity was given to the sureties so as to enable them to apply under Section 446(3) Cr.P.C. All these would make the order unsustainable in the...eye of law.
3. As such, the order is hereby set aside by allowing the appeal. The matter is remanded back to the trial court for proper disposal in accordance with the law. Both the...
...remitting the balance amount under Section 446(3) Cr.P.C., for which no reason is seen recorded. The legal position is very much settled by this court in Crl.Appeal No.95/2021 dated 14/07/2021. Paragraphs 5...moment. Provisions are made in the Cr.P.C. by way of Section 446(3)to remit any portion of the penalty to be imposed and to enforce payment in part, but for which reasons should be recorded. It is not...would be the legal consequence of the forfeiture of the bail bond except under Section 446 (3)Cr.P.C., for which, reasons must be recorded. Section 440 Cr.P.C. cannot be applied while dealing with...
...made in the Cr.P.C. by way of Section 446(3)to remit any portion of the penalty to be imposed and to enforce payment in part, but for which reasons should be recorded. It is not...except under Section 446 (3)Cr.P.C., for which, reasons must be recorded. Section 440 Cr.P.C. cannot be applied while dealing with forfeiture of bail bond under ...be excessive. The exercise of discretion under Section 440 Cr.P.C. for fixing the bond amount is entirely different from that under Section 446(3) Cr.P.C.. The former one deal...
...trial. He, also, filed a reply for his non-appearance under Section 446(3) Cr.P.C. and the learned Additional Sessions Judge, after considering the reply, submitted by...Section 446(3) Cr.P.C. for remitting the amount of the forfeited surety bond which was recovered from him. The learned Additional Sessions Judge rejected the application of Kalu on the...surety Kalu and the recovery proceedings continued and the full amount of the surety bond was recovered. Kalu filed this application under Section 446(3) Cr.P.C. after the...
...accordance with the mandate under Section 446 Cr.P.C. Section 446(3) Cr.P.C. is an enabling provision, a benefit conferred to the sureties. Section 446(3) extra...with the mandate under Section 446 Cr.P.C. by providing an opportunity to the petitioners to exhaust the benefit under sub section 3 of Section 446 Cr.P.C. The parties shall appe...P. Somarajan, J.:— This appeal is against the order under Section 446 Cr.P.C. imposing a penalty of Rs. 25,000/- (Rupees twenty five thousand only) after forfeiting the entire bail bond...
...bond amount against the surety without addressing the benefit conferred under Section 446(3) Cr.P.C. is bad in law. The statutory benefit conferred under sub-section (3) of Section ...Section 446(3) Cr.P.C. was not addressed and it is not clear whether any sufficient opportunity was granted. Hence, the impugned order will stand set aside and remanded back to the trial court for proper...Petition will stand allowed in part accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
3...
...Track Court, Tiptur in Crl. Misc. 955/11 rejecting the application filed by appellants under Section 446(3) of Cr.P.C seeking remission of the fine amount.2. The...accused. Thereafter they filed application under Section 446(3) of Cr.P.C seeking remission of the fine amount inter alia on the ground that they are poor agriculturists and in...cause notices pursuant to which they appeared before the learned Sessions Judge and filed application under Section 446(3) Cr.P.C Under sub-section (3) of Section ...
...to be issued. 2. An application under Section 446(3) Cr.P.C was filed by the appellant for remission of portion of penalty and alternatively to discharge...prayed for same being set aside. 3. Perusal of the records would disclose that subsequent to rejection of the application filed under Section 446 (3) Cr.P.C...Appellant herein had offered himself as a surety for enlarging Accused No.3 on bail in S.C.No.230/2017 registered by Adugodi police. On account of accused No.3 having remained absent...
...that
the appellants do not want to press the appeal reserving their right
to approach the learned trial Court under section 446 (3) Cr.P.C.
In view of the above submission made by learned...trial Court has
issued recovery warrant against the appellants without
specifically imposing penalty upon the appellants in proceedings
under section 446 Cr.P.C.. In these circumstances, he submits...appeal is delayed by 35 days and for condonation of delay an
application under section 5 of the Limitation Act supported with
affidavit has been filed.
Grounds shown for condonation of...
...of Rs. 7,500/- (Rupees Seven Thousand and Five Hundred Only) each, under Section 446(3) Cr.P.C., to meet the ends of justice. It is ordered accordingly.5. In the result, this appeal stands allowed...further submitted that the appellants were unable to produce the 4 accused before the court, on the sole reason that the 4 accused was out of reach of the appellants.3. Considering...
...matter of penalty.2. Suffice it to say that having gone through the relevant inputs, I am satisfied that the court below was justified in awarding the penalty under Section 446 Cr.P.C...taken in the matter of penalty. Accordingly, the penalty imposed by the court below stands modified and reduced to Rs. 5,000/- (Rupees five thousand only) each, under Section 446(3....3. The learned counsel for the appellants has submitted that the appellants belong to very poor family, having no source of income. It has been further submitted by the learned counsel...
...of the court below in imposing penalty under Section 446 Cr.P.C.3. The Learned counsel for the appellant has submitted that the appellant belongs to a very poor family and he was...imposed by the courts below stands modified and reduced to Rs. 20000/- (Rupees twenty thousand only) under Section 446(3) Cr.P.C., to meet the ends of justice. It is ordered accordingly...court below. The offence alleged against the accused is the offence under Section 22(b) of the N.D.P.S. Act.4. Considering the facts and circumstances of the case including the...
...under Section 449(2) of Cr.P.C praying to set aside the impugned order by allowing application filed by the appellant under Section 446(3) of Cr.P.C. by allowing the appeal in Crl.Misc. No.255/202...forfeiting the bond. The appellant approached the Sessions Court and made an application under section 446(3) Cr.P.C seeking remission, but his application was rejected. Thereafter FLW was ordered to be...appellant made an application under section 446(3) Cr.P.C, the court below could have remitted the bond amount to certain extent considering the economic status of the appellant.
3...
...Cr.P.C before the Court of Sessions. The Court of learned Additional Sessions Judge, Jind noticed that as per Section 446(3) Cr.P.C., there was provision to remit any portion of the penalty to be imposed...learned counsel that sufficient opportunity was not granted to the petitioner to exhaust the benefit of Section 446(3) Cr.P.C. and that impugned order was passed mechanically. Learned counsel contends...imposing the penalty of ₹5 lakhs and not remitting the amount under Section 446(3) Cr.P.C. Prayer is made for dismissal of the petition.
8. I have considered submissions of...
...connection with the instant case.
Section 446(3) Cr.P.C. empowers the Court to remit any portion of the penalty mentioned and enforce payment in part only after recording its reason for...2.4.2015 or till the disposal of application under Section 446(3) Cr.P.C., whichever is earlier. The revision is disposed of accordingly.
Order Date :- 24.2.2015
S.S....vs. Masuriyadeen Pasi and others), under Section 446 Cr.P.C., P.S. Sarai Aquil, District Kaushambi.
It has been argued by the learned counsel for the revisionists that a...
...application under Section 446(3) of the Code of Criminal Procedure (Cr.P.C. for short). Though the application filed by the appellant for waiving the penalty or recalling the.... Counsel for the appellant relied on certain Single Bench judgments of this Court and Allahabad High Court, where the penalty was waived of or reduced under Section 446(3) Cr.P.C...application made under Section 446(3) Cr.P.C.8. The appeal is dismissed.9. It is not understandable as to why the Additional Sessions Judge wrote in...
...of his absence and also to make an application under Section 446(3) of Cr.P.C It is to be seen that in the circumstances, the learned District and Sessions Judge ought to...Section 446(3) Cr.P.C, if the accused chooses to file the same and disposal of such application is left to the wisdom of learned District and Sessions Judge, Anekal.11. Ac...have considered the scope of Section 446(3) and given an opportunity to the accused-petitioner. The order impugned does not stand the test of reasonability and principles of natural justice...