Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bail bond - Before a decision is taken to forfeit the bond, a hearing to the affected party is demand of natural justice...........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Criminal Procedure Code, 1973, Section 446, 451, Punjab Excise Act, 1914, Section 61, 78 -- Superdari - Release of seized vehicle - Petitioner for releasing vehicle, in question, on superdari, has been found to be meritorious and was allowed - While allowing said application, it was observed in order that no useful purpose would be served by keeping said vehicle as it..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Show cause notice was issued u/s 46 Cr.P.C - However, no sufficient opportunity was given to accused to exhaust benefit u/s 446(3) Cr.P.C - Benefit or its entitlement under said provision was not either taken up or addressed - Order forfeiting bail bond of accused is bad in law and liable to be set..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - It is not within jurisdiction of trial Court either to reduce or to give up or to alter penalty, which would be legal consequence of forfeiture of bail bond except u/s 446(3) Cr.P.C for which reasons must be recorded...........
Criminal Procedure Code, 1973, Section 446 -- Accused on parole - Surety by old aged parents - Accused failed to surrender on due date - Penalty of Rs.2 lakh each was imposed on petitioners/old aged parents - However, accused found to be arrested in some other case and was in jail - Petitioners are old aged persons and their financial condition is not good - They are petty..........
Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Initiation of proceedings u/s 446 Cr.P.C - No explanation furnished by accused for his absence before appellate Court - Appellate Court cancelled bail of accused and ordered for initiating proceedings against accused u/s 446 Cr.P.C - Since accused is ready and willing to..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Mere failure to appear before Court in the absence of any willfulness on part of accused, would not amount to `a breach' in terms of S.446 Cr.P.C - Manifestly, there has to be an animus on part of accused not to abide by or comply with terms and conditions of bond - Such animus alone makes the failure of..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Before recording satisfaction that breach is committed, Court is required to issue notice and after affording an opportunity to offer any explanation, if Court is not satisfied with said explanation offered by accused, then he has to record such satisfaction that terms of bond have been breached which alone..........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
