This appeal is filed against the order passed under Section 446 of the Code of Criminal Procedure (Code “for short”). The appellants are the sureties who directed to pay penalty under section 446 of the code.

2. The appellants, along with one of the accused, executed a bond for appearance of the accused before court. But, accused absconded after executing the bond. Hence, proceedings were initiated against them under section 446 of the Code. On appearance of the appellants, they were directed to show cause why bond should not be forfeited for the laches. They stated that they are unable to produce the accused, as he is absconding. The trial court found their explanation to be not satisfactory. Hence, it was found that the bond was explanation forfeited. The appellants were, therefore, directed to pay of Rs.20,000/- each under section 46 of the Code. The said order is under Challenge in this appeal.

3. On a plain reading of the order itself. I find that the order is per se illegal. Hence, even the records in this case may not be necessary for a disposal of the appeal. It is curious to note that the trial court treated the proceedings under Section 446 of the Code as an “of