Separate Orders Needed for Bail Bond Cancellation and Penalty Under CrPC Section 446 : Himachal Pradesh HC

The Himachal Pradesh High Court has held that under Section 446 of the Criminal Procedure Code, courts must pass two separate orders—one for the cancellation of bail bonds and another for the imposition of a penalty—after giving the affected person a fair opportunity to be heard.

The decision came in a case where the accused Kamal Kumar failed to appear in court, prompting the trial court to cancel the bail bond and impose a ₹50,000 penalty on his surety, Bihari Lal, without prior notice.

The High Court held this violated principles of natural justice and directed the trial court to conduct fresh proceedings after proper notice.