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SREENIVAS HARISH KUMAR
K. Umarabba – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. I.A.1/2020 is filed for condoning the delay of 298 days in filing the appeal. For the reasons stated in the affidavit accompanying the application, delay is condoned. I .A.1/2020 is allowed.
2. This is an appeal under Sec. 449 of Criminal Procedure Code. The facts are that the appellant stood as surety for accused No.3 in S.C.2/2013 on the file o f III Additional District and Sessions Judge, D.K., Mangaluru. Since accused No.3 failed to appear before the court, the surety bond executed by the appellant for Rs.25, 000.00 was forfeited and a separate Criminal Miscellaneous Case bearing 905/2014 was registered against the appellant. The Tahsildar was ordered to attach the property of the appellant. The appellant sought remission in the bond amount by making an application under sec. 446 Cr.P.C. By order dated 30.8 .2017, the court below rejected the appellant's application and hence this appeal.
3. Heard Smt. Haleema Ameen for the appellant and Sri K.Nageshwarappa, the learned Government Pleader.
4. Smt. Haleema Ameen submits that accused No.3 was arrested and after conclusion of trial he was acquitted. In this view, the bail bond of the appellant should not have been forfe
The court established that while a surety's bond must be forfeited for the accused's non-appearance, the court retains discretion to remit part of the penalty based on the circumstances surrounding t....
Under Section 446(3) Cr.P.C., courts may discretionarily remit portion of penalty on forfeited surety bonds, factoring surety's sincere efforts, financial hardship and family impact, even in appeal t....
The court has discretion to remit penalties imposed on sureties under Section 446(3), considering the circumstances of the case and ensuring a fair outcome for the surety's financial status.
The court may reduce penalties for bail bond forfeiture upon consideration of the surety's circumstances.
Upon forfeiture of a bail bond under Section 449 of the Code of Criminal Procedure, the court has the judicial discretion to reduce the quantum of the penalty imposed on sureties, even though their p....
Upon forfeiture of a bail bond under S. 449 of the Code of Criminal Procedure, courts have the discretion to reduce the quantum of penalty imposed on sureties, even if the accused was not produced, i....
Upon forfeiture of a bail bond under the Code of Criminal Procedure, courts possess the judicial discretion to reduce the penalty amount imposed on sureties, even if the sureties are not absolved fro....
Sureties are liable for forfeiture of bail bonds; penalty can be reduced at the court's discretion.
Upon forfeiture of a bail bond due to an accused's non-appearance, sureties remain liable for the penalty; however, appellate courts possess the discretion to reduce the quantum of the penalty in the....
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