Chief Justice's Court
Case :- CRIMINAL APPEAL No. - 1621 of 1985 Appellant :- Roop Lal Respondent :- State Counsel for Appellant :- S.K.Saxena Counsel for Respondent :- A.G.A.
Hon'ble Govind Mathur,Chief Justice
This appeal under Section 449 of Code of Criminal Procedure, 1973 is preferred to assail correctness of the order dated 07.06.1985, whereby the court below while exercising the powers under Section 446 of the Code of Criminal Procedure, 1973 forfeited the surety bonds with a direction to deposit the bond amount as penalty.
This Court while admitting the appeal for hearing stayed realization of the penalty amount and that interim order is still in currency.
The instant appeal is pending before this Court from last more than 33 years. Despite the best efforts of the Registry, no adequate details about the appellant are available. As a matter of fact, the pendency of the instant appeal is exhilarating clerical work of the office in the form of sending reminders to the court below and also summoning the appellant. No material is available on record to verify the fact about deposition of the penalty amount.
It would be appropriate to state that sub-Section (3) of Section 446 of Code of Criminal Procedure, 1973 provides for remission of penalty and Rule 83 of the General Rules (Criminal), 1977 empowers this Court to write off the penalty amount, if the same is irrecoverable.
Looking to the authority available and on arriving at the conclusion that the amount of penalty despite all efforts is irrecoverable, I deem it appropriate to dispose of this appeal with order that the amount of penalty be "write off" and, if any exigency demands, the court below may direct the accused to furnish fresh security as prescribed under Section 447 of the Code of Criminal Procedure, 1973.
Order Date :- 26.9.2019 Shubham (Govind Mathur, C.J.)