K. Hema, J.

It is noticed that different criminal courts adopt different procedure in a proceedings under S.446 of the Code of Criminal Procedure ('the Code' for short). Quite often, courts commence proceedings under S.446 of the Code, even without being satisfied of the pre-requisites. Orders are seen passed which may not reflect the grounds of "proof" of satisfaction of the court that 'the bond has been forfeited'. Courts also do not advert to in the orders, anything regarding such 'proof', though recording of the grounds of "proof" of satisfaction is mandatory under the section.

2. On the mere failure of accused in appearing in court either for a day of more, certain courts pass orders 'to forfeit' the bond under S.446 of the code, as though 'forfeiture' is an event to follow the court's order. In many cases, courts also order 'penalty', as if it is a punishment awarded by the court under S.446 of the Code for breach of terms of bond. It is also noticed that when an accused appears, court puts certain questions to him and record the questions and answers, and immediately proceed to forfeit the bond and impose a penalty, without giving sufficient opportunity to show cau