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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Hitesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. nature of court's authority regarding the penalty. (Para 1) |
| 2. imposition of penalty for surety's failure. (Para 2) |
| 3. consideration of genuine reasons for accused's absence. (Para 4 , 10) |
| 4. court's discretion under section 446 cr.p.c. (Para 5 , 11) |
| 5. modification of penalty amount. (Para 12) |
JUDGMENT :
Sandeep Sharma, J.
Cr.MP(M) No. 2466 of 2024
For the reasons stated in the application, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant, as such, delay, if any, occurred in filing the accompanying appeal, is condoned. The application is disposed of.
Cr.Appeal No. 9 of 2026
Be registered.
By way of instant criminal appeal, challenge has been laid to order dated 1. 7.2023, passed by learned Additional Judge Rohru, District Shimla, Himachal Pradesh, in Cr.MP No. 246 of 2021 titled as State of H.P. Versus Hitesh Kumar (surety), whereby penalty to the tune of Rs.1,00,000/- has been imposed upon the appellant on account of his failure to cause presence of the accused in the aforesaid sessions 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 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....
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....
The main legal point established in the judgment is the requirement to adhere to the prescribed procedure under Section 446 CrPC for the forfeiture of surety bonds, including issuing show cause notic....
Procedure when bond has been forfeited - Without discussing application of sub-section(3) of Section 446 Cr.P.C. and benefit conferred for remission of portion of penalty, cannot be said to have forc....
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 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....
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