ROOP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under section 482 of the Cr. P. C, the applicant has prayed for not recovering the amount of Rs. 30,000/-as penalty and his discharge therefrom as directed by the Division Bench of this High Court in cri. Appeal No. 120/05 on 13. 02. 078.

(2.) THE question arose for consideration in this petition is whether the Criminal court has power under section 446 (3) of the Code of Criminal Procedure (For short the Code) to remit any portion of the penalty after forfeiture of surety (surety of the appellant) bond and call upon applicant to show cause as to why it should not be paid and if sufficient cause is not shown and penalty is not paid, the Court- may start recovery proceedings for recovery of penalty amount.

(3.) SECTION 446 of the code has been embodied in Chapter XXXIII regarding provisions as to bail and bonds. The order passed under section 446 of the Code are appelable under section 449 of the Code available in the same Chapter. Under the scheme of the Code of Criminal Procedure, it appears that Chapter XXXIII is an independent Chapter regarding provisions as to bail and bonds. Sections 436 to 439 are providing procedure and power of grant of bail in bailable and non-bailable offences by Judicial Magistrate First Class up to the High Court, and from sections 440 to 450 provide provision of amount of bond and reduction thereof, bond of accused and sureties, discharge from custody, power to order sufficient bail when first taken is insufficient, discharge of sureties deposit instead of recognizance, (permission to deposit cash amount or Government promissory Notes), provision when bond has been forfeited, cancellation of bond and bail bond, procedure in case of insolvency or death of surety and when a bond is forfeited, bond required from minor, appeal from orders under section 446 and power to direct levy of amount due of certain recognizance.