cancellation of Bail bond after accused breach the condition
13-Jun-2023 (In Criminal Law)
In my case Magistrate court failed forfeit Bail bond & surety bonds & not issue notice of penalty to accused & surety ,even after issuing NBW after previous Bail expired and police reported Accused absconding.Accused suppress this in Sessions court & continue to take 4 times extension of Expired S.o.S by filing memo. on the basis of this Extended S.o.S the magistrate court is recalled the warrant and continue to release accused on same Bail bond & Surety bond , which are supposed to forfeited after accused absconding from police in NBW. nnShould I ask PP to file application in magistrate court to forfeit Bail bond & surety bonds as this Bail & surety bond executed in that court and report failure of process of forfeit u/s.446A crpc.Both Magistrate & session PP padding the ball on each other , can complainant directly file application u/s 446/A or through session court PP as trial court record sent to session court.
Dear Sir,
You may ask the PP to file such application under Section 446A of Cr.P.C and see that bail bonds and surety bond are cancelled and amounts mentioned therein shall be recovered. You may also file another application before Sessions Court to cancel the bail or recall its earlier order for misleading the Court.
Helpful?
29+
29+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
636+ Lawyers are online
