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Warrant issued against surety, how to cancel surety bond?
16-Jun-2023 (In Criminal Law)
I got my brother free from jail since 2010, but fail to show to the court when asked. So now the court sent a Warrant to me a bailer. So how can i cancell my bailer bond that i had signed.
Under Section 446A of the Code of Criminal Procedure you have every right to cancel surety bond-- Section 446-A is as follows: -
446A. Cancellation of bond and bail bond.— Without prejudice to the provisions of Section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition-
(a) The bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.—
Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be thinks sufficient.
446A. Cancellation of bond and bail bond.— Without prejudice to the provisions of Section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition-
(a) The bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.—
Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be thinks sufficient.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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