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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Bhola Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
SANDEEP SHARMA, J.
CRMPM-187 of 2026
1. For the reasons stated in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying criminal appeal is neither intentional nor willful, rather same has occurred on account of circumstances which were completely beyond the control of the applicant and as such, delay of 28 days in filing the appeal, which in my considered view, has sufficiently been explained, is condoned.
2. The application stands disposed of.
Criminal Appeal (C-SB) No.53 of 2026
3. Be registered.
4. Instant criminal appeal filed under Section 495 of BNSS lays challenge to order dated 07.10.2025 passed by learned Special Judge, Mandi, District Mandi, in CIS Registration No. 718 of 2023, titled State of H.P. Vs. Bhola Ram , whereby appellant herein came to be ordered to be sent in civil imprisonment for a period of six months for his having not paid penalty amount, imposed upon him in terms of Section 446 of Cr.P.C. on account of his having failed to cause presence of accused in the trial Court.
5. Precisely, the facts of the case, as emerge from the record are that appellant stood surety of 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 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.
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....
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.
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....
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....
The court established that due process requires notice to be given to sureties before imposing penalties for bond forfeiture, ensuring adherence to natural justice.
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