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...the learned trial court whereby the application of the appellant filed under section 446(3) Cr. P.C was dismissed.6. It appears that the bail bonds were...cancelled on 29.9.2002 (sic 2000) and after cancellation of the bail bonds neither there was any occasion nor it was legally permissible to initiate proceedings under Section 446 Cr. P.C against t...Ram Lakchan on 8.2.2000 was cancelled by the learned Sessions Judge Dholpur vide order dated 29.9.2000 on an application moved under Section 439(2) Cr. P.C3. The revision petition...
...application filed by the present appellant-accused under Section 446(3), Cr. P.C He was sick, therefore, on the date of hearing he could not remain present. Next day, he did.... The impugned order dated 7.2.98 passed by the learned Judge rejecting the application under Section 446(3), Cr. P.C filed by the appellant-accused is set aside. He shall now...forefeiting the bonds furnished by him. This is not the way of disposal of cases.3. I am at pains to state that some of the cases have come before this Court arising out of the orders...
...application under section 446(3) Cr. P.C was moved by the petitioner before the learned Munsif & Judicial Magistrate first Class for remitting the penalty who by his order...dated 17th August 1990 rejected the application. It is against this order the present petition under section 482 Cr. P.C has been filed.3. Heard learned counsel...surety in the sum of Rs. 3,000/- Accused Jallaluddin did not appear before the court on 17-3-90 and therefore the court ordered for the forfeiture of the full amount of bail bonds and surety bonds. An...
...M.B Sharma, J.:— This is a petition under Section 482 Cr. P.C in proceedings under section 446(3) Cr. P.C2. A crimin...dated June 4, 1980 ordered that the entire amount of bail-bonds of Rs. 5000/- be recovered as penalty. The application under section 446(3) Cr. P.C was filed by the petitioner...section 446 Cr. P.C were initiated. The petitioner put appearance and an application was filed by him on June 19, 1980 that he made efforts to trace Prabhati but did not succeed...
...section 446, Cr. P.C by which his application for refund of surety amount had been rejected.3. It appears that the appellant stood surety for accused Maisar...section 446, Cr. P.C4. Per contra, learned Counsel for the appellant has submitted that the application of the appellant is under section 446(...the penalty amount the proceedings under section 446, Cr. P.C were closed and the file was consigned to the record room.6. No doubt section 446(...
...bond amount as penalty. But the surety also filed an application under Section 446(3) Cr. P.C, before the Court to remit some portion of the penalty amount and to enforce the...stringent actions practically mercilessly in this regard.In the present case the Trial Court has infact considered the plea of the appellant under Section 446(3) Cr. P.C...
..., by which the appellant's application under sub-section (3) of section 446, Cr. P.C for remission of the penalty sought to be recovered from him under the bond for appearance...bonds be recovered from the appellant and his surety. Thereafter, the appellant presented an application to the court of the Sessions Judge presumably under section 446(3) Cr. P.C...sub-section (3) of section 446, Cr. P.C the court could pass an order for the remission of any portion of the penalty under the bond at any time before the payment has been actua...
...the extent that each of the revision petitioners shall pay a penalty of Rs. 1,000/- (Rupees one thousand only) each under Section 446(3) Cr. P.C5. If the revision petitioners had already...Section 321(b) Cr. P.C In view of the above reason, I am of the view that the penalty awarded by the appellate court can be further modified and reduced to secure the ends of justice...for leniency in the matter of penalty.3. Annexure A1 would show that the learned Magistrate acquitted all the accused in C.C No. 37 of 2005 on the files of that court under...
...realised against forfeited bonds should be remitted in full. It is conceded that the applications to that effect were already moved under Section 446(3) Cr. P.C before the court...Section 446(3) Cr. P.C arises before the court concerned. Those prospective events and circumstances could not be considered in retrospect to judge the validity or irregularity of the...prayed for one month's time while Bali Ram Pandey and Govind had prayed for 1-½ months' time. However, the court allowed time upto November 6, 1978.3. On that date i.e November 6, 1978 the...
...remitting the penalty wholly or partly must be based on reasons to be recorded by the court. The provisions of section 446(3) Cr. P.C are very clear in this regard.... The learned counsel for the appellants submitted that appellants were not given any notice as required by section 446 Cr. P.C after forfeiture of their bail bonds and as...section 446 Cr. P.C6. The law in this regard is well settled. As and when bail bond filed by any surety is forfeited, it is incumbent on the court forfeiting...
...thereof. Notices were issued to the surety and the petitioners. They filed their reply and the learned trial Court considered the application moved by the petitioners under Section 446(3) Cr.P.C. ..., another application was moved by the petitioners under Section 446(3) Cr. P.C., which was also, dismissed by the learned Magistrate on 6.6.89. Dissatisfied with the order dated...Section 446(3) Cr.P.C. was moved by the petitioners before the learned Magistrate which was dismissed by the learned Magistrate on 7.3.89. This order was not challenged by the petitioners...
...remit the penalty. The order remitting the penalty wholly or partly must be based on reasons to be recorded by the Court. The provisions of section 446(3) Cr. P.C are very...the lower Court record.4. The learned Counsel for the appellants submitted that appellants were not given any notice as required by section 446 Cr. P.C after...as notices as contemplated by section 446 Cr. P.C7. The law in this regard is well settled. As and when bail bond filed by any surely is forfeited, it is...
...section 446(3), Cr. P.C in favour of the sureties would properly arise only in cases where the accused has been subsequently arrested (See Budhinath Tad's case-supra). Hence, considering...said Code, which corresponds to section 446(3) of the new Code provides:“The Court may, at its discretion, remit any portion of the penalty...accused Kailash Chandra Sahoo and others under Section 395, I.P.C and sentenced each of them to undergo rigorous imprisenment for seven years. Being aggrieved by the judgment of...
...him, he and his family will be put to great hardship and it will be difficult to maintain himself and his family.8. Section 446(3), Cr. P. C, is as under:“(3) The court...may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.”No indication is to be found in s. 446(3), Cr. P.C as to the circumstances under which...the Court will be justified in making an order in conformity with s. 446(3), Cr. P.C When a person executes a bond, there are certain factors which are taken into consideration in determining the...
...of penalty, imposed by the Court below, under sub-section (3) of Section 446 of Cr. P. C.
3. Heard learned counsel for the parties. The learned counsel ...stated that the accused Ranjit was found absent on 6-11-89 and the proceedings under Section 446, Cr. P. C. were taken against the appellant and another surety on the same...the basis of which Case Crime No. 141 of 1989, under Sections 147,148, 149, 307 and 364, I. P. C. was registered against 3 persons. Any how the accused Ranjit Singh succeeded...
...the trial Court on 28-2-2008. It was also submitted that after passing an order under Section 446 Cr. P.C forfeiting the amount of bail bond, the Court has first to issue a notice as provided in p...cannot be substituted for the notice which is to be issued under para 3 of Section 446(1) Cr. P.C after passing the order for forfeiture of the amount.7. The...1. This appeal against the order dated 5-12-2007 passed against the appellant Munshi Lal under Section 446 Cr. P.C has been filed after expiry of the time fixed...
...produced the accused Maluka before the Court. Hence they should have filed an objection as provided under para-3 of Section 446 Cr. P. C, but they did not file any such objection...of bail bond and for is suing notices to the sureties under Section 446 Cr. P. C to show cause as to why the amount of 50,000/- should not be realised on them. The appellants...illegality by passing an order on 20-12-07 for forfeiting the amount of bail bond. He also passed an order for issuing a notice to the sureties under Section 446 Cr. P. C to show...
...the case. There is a provision in para-3 of Section 446(1) Cr. P.C for issuing a notice to the sureties after forfeiting the amount of the bail bond under paras-1 and 2 of...application of the appellants and pass suitable orders thereon on merits in accordance with the requirements of para-3 of Section 446(1) Cr. P.C10. The appellant shall appe...1. Criminal Appeal has been filed against the orders dated 1-7-2008 and 17-7-2008 passed by Additional Sessions Judge, Hathras under Section 446 Cr. P.C in...
...months' imprisonment in a civil jail even if the amount of penalty had been paid or had been realised from the appellant.3. Section 446 Cr. P.C contemplates that when the bond of a person...person fails to pay the amount of penalty that an order for recovery of the penalty amount is contemplated as if it was a fine imposed under the Code. Proviso to Section 446(2) Cr...view of the provisions of Section 446 Cr. P.C learned counsel for the appellant is justified in challenging this portion of the impugned order whereby the appellant has been...
...him to pay Rs. 10,000/- and this amount be recovered as fine. Since the surety is not in a position to pay Rs. 10,000/- so, in default he is sentenced to six months S.I under section 446(2) Cr. P.C”3...mode of recovery is by invoking S. 421, Cr. P.C which nowhere provides for imprisonment. I respectfully agree with this view of the Hon'ble Judge. In this situation, the order of the learned...learned counsel has placed reliance on a decision in K. Rafudin Ahmed v. State of Mysore, 1973 Cr. L.J 891 wherein the...