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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Bhola Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. delay condoned due to circumstances beyond control. (Para 1 , 2 , 3) |
| 2. surety bond forfeited for failing to produce accused. (Para 4 , 5 , 6) |
| 3. hearing afforded but surety failed to appear. (Para 7 , 8) |
| 4. surety ensures accused presence; leniency for efforts. (Para 9) |
| 5. section 446 crpc empowers penalty remission. (Para 10 , 11) |
| 6. penalty considers surety fault and circumstances. (Para 12 , 13 , 14 , 15) |
| 7. discretion exercised at penalty imposition stage. (Para 16) |
| 8. penalty reduced considering poverty and efforts. (Para 17 , 18) |
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 o
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....
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