Time frame for surrendering after HC passes order to cancel bail
10-Nov-2023 (In Criminal Law)
is there any timeframe for surrendering after delhi high court passes an order against accused on bail stating "surrender to custody for undergoing the remaining sentence"? and if the accused is not able to surrender what happens?
there is no time after cancel the bail all u have to surrender after cancel of bail or move to supreme court.. . ok
I think there is no time limit. The convict has to surrender himself immediately before the court for undergoing the remaining part of the sentence. However he has option to file SLP before the Supreme Court under Article 136 of the Constitution of India to challenge the order of the High Court regarding rejection of bail application and suspension of sentence under section 389 Cr.P.C.
Order to surrender means that the accused has to surrender immediately otherwise non bailable warrant will be issued by the trial court . However the accused has the option of going to supreme court and seek exemption from surrender. If the application is allowed the accused will be exempted from surrender till the case is pending or if the case is allowed
As a practice it is the evening of same day when order is passed. But 24 hrs is presumed to be a considerable time to surrender. If convict does not surrender then attachment process may be initiated by court and further convict may be declared a Proclaimed offender. For reference please see section 82 to 85 CrPC.
The accused ought to surrender as soon as the order comes to his/her knowledge.
If the convict do not surrender, the convict as well as surety would be arrested.
However, a fresh bail application may be applied before High court or a SLP may be filed before Supreme Court.
If the convict do not surrender, the convict as well as surety would be arrested.
However, a fresh bail application may be applied before High court or a SLP may be filed before Supreme Court.
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