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Forfeiture of surety bond under section 446

This M.C. is registered on account of the failure on the part of sureties of A2 to produce him in the light of the notices issued since he is absconding.

The facts which led to the registration of M.C. can be summarised as follows.

Accused No.2 was released on bail by the Judicial First Class Magistrate ­II, in the aforesaid crime after satisfying the ability to pay the bond amount as penalty by verifying the affidavit and tax receipt produced in view of the Bail order, provided the accused doesn't violate the conditions in the bail bond at any stage.

As the presence of said accused could not be secured inspite of non bailable warrant.The accused violated conditions in the bail bond at many stages, summons was issued to the accused from this Court since the case is made over to this Court for trial,still he failed to appear.Though C.P.Accepted notice,he failed to produce the accused .Hence the bail bond executed by the C.P is forfeited.As he did not furnish any sufficient cause for remission,in my opinion ,from the available records it can be seen that he is having the ability to pay the penalty as per the bail bond executed before the Principal District & Sessions Judge.

Hence the C.P is ordered to pay the penalty of 25,000/.If it is found that it is impractical to realise said penalty from the estate of the C.P,commit him in civil prison for 30 days.

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