Procedure on forfeiture of bond:
Section 466 provides the procedure to be followed when a bond taken under CrPC has been forfeited. It is lays down that were a bond under the code of criminal procedure is for appearance or for production of property, before a Court and it is provided to the satisfaction of that Court or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under the Code of Criminal Procedure, it is provided to the satisfaction of the Hon’ble Court by which the bond was taken, or any other Court to which the case has subsequently transferred, or of the Court of Magistrate of the first class, that the bond has been forfeited.
The Court shall record of such prove and may call upon of any person bound by such bond to pay the penalty there of or to show cause why it should not be paid.
Explanation:
A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.
It is sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under the Code of Criminal Procedure.
The proviso to clause (2) of Section 446 of inserted by CrPC (Amendment) Act, 1980 which reads: Provided that where such penalty is not paid, and cannot be recovered in the manner of aforesaid, the person so bound as surety shall be liable by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extent to six months.
The Court may, at its discretion, remit any portion of the penalty mention and enforce payment in part only.
Where a surety to bond dies before the bond is forfeited his estate shall be discharged from all liability in respect of the bond.
Where any person who has furnished security under sections 106 or 117 or Section 360 of the Code of Criminal Procedure is convicted of an offence the commission of which constituted a breach of the conditions of his debenture, or of bond executed in lieu of his bond under section 448 of the Code of Criminal Procedure, a certified copy of the judgement of the Court by which he was convicted of such offence may be used as evidence in proceedings under section 446 of The Code of Criminal Procedure against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.
Section 446-A, inserted by The Amendment Act of 1980, provisions are made for the cancellation of bond and bail bond. These provisions do not affect those of section 446. It lays down that where a bond has been furnished under CrPC for appearance of a person in case and it is forfeited for breach of condition:-
- The bond executed by such kind of person as well as the debenture, if any executed by one or more of his sureties in that case shall stand cancelled, and
- Thereafter no such person shall be released on his own debenture in that particular case, if the police officer or the Court, as the case may be, for appearance before when the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:
Provided that subject to any other provision of the Code of procedure he may be released in that case upon the execution of a face personal debenture for such some of money and bond by one or more such sureties as the police officer or the Court, as the case may be, thinks sufficient.
Realization of penalty for failure to appear in Court on the date fixed for the reason that he was arrested by Police in some other matter and appearing in Court the next day, amounts in an improper exercise of discretion by the Court. (Phulwa V. State of U.P., 1978 A.W.C. 441).
