Case Law Analysis
|Punjab and Haryana High Court
Section 446 CrPC | Surety Penalty Must Be Proportionate to Accused’s Absence Without Surety’s Connivance : Punjab & Haryana HC
The Punjab & Haryana High Court ruled that surety forfeiture under Section 446 CrPC must be proportionate, reducing a Rs.50,000 penalty to Rs.10,000 where the accused’s bail default was isolated and unconnected to the surety. The decision reinforces that forfeiture is not automatic and must consider the surety’s lack of involvement in the accused’s absence.