Back
FARJAND ALI
Himmat Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing instant appeal under Section 449 Cr.P.C., challenge has been made to the order dated 20.01.2023 passed by learned Additional Session Judge No.3, Bharatpur in criminal misc. case No. 54/2021 whereby the learned Judge has dismissed the application filed by the appellant under Section 446(3) Cr.P.C. and issued recovery warrant.
2. Learned counsel for the appellant submits that the appellant is poor villager and since the accused Tikam Chand is the nephew of the appellant and therefore under the bonafide faith, upon insistence of Tikam Chand, he agreed to furnish bail bonds. Later on because of non appearance of accused Tikam Chand, his bail bonds were forfeited by the learned appellate Court and thus warrant of arrest was issued against him. It is further contended that because Tikam Chand implored the accused to become his surety by saying that there was a dispute of amount in between him and the other party and for that a cheque related case was pending in the Court. A notice under Section 446 Cr.P.C. was issued against the appellant. The appellant did his level best to trace and produce accused Tikam Chand before the Court but his efforts wen
Satisfactory explanations for non-appearance can lead to a reduction in forfeited bail amounts under Cr.P.C.
Court holds that the penalty for surety bond forfeiture must consider the surety's efforts and circumstances; excessive penalties can be modified at judicial discretion.
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....
A surety must be afforded an opportunity to contest the imposition of a penalty for non-production of an accused, adhering to principles of natural justice.
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 has discretion under Section 446 Cr.P.C to remit a portion of the penalty imposed on a surety, considering the financial situation of the surety and efforts to secure the accused's attendan....
The liability of sureties ends upon the accused's surrender, and unjust forfeiture of the surety amount violates principles of justice and equity.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
