Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Surety bond Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Procedure—Surety bond—Substituting one surety for another—Procedure—If accused must execute personal bond with every surety bond—Forfeiture of bond—Code of Criminal Procedure, 1898 (Act V of 1898), SS. 499, 500, 502, Schedule V. Form No. XLII.One R was granted bail on his furnishing a personal bond and three sureties which he did. On, July 7, one of the sureties S applied for the discharge of his bond. On July 9, R made an application that the appellants surety bond be accepted in place of S, and the same day the appellant filed his surety bond. The appellant also filed an affidavit that he had property enough to satisfy the bond and a vakil also certified to that effect. The bond was sent for verification to the Tehsil and after verification was formally accepted on August 20. Subsequently R absconded and the appellant’s bond was forfeited. The appellant contended that the forfeiture was illegal and that his bond was not properly accepted as no warrant was issued for the arrest of R when S applied for the discharge of his bond, as the bond of $ was not formally discharged and as R had not executed a personal bond on the reverse of the form on which the appellant had executed his bond.Held, that the surety bond of the appellant had been properly accepted and the forfeiture was legally made. The provisions of s. 502 of the Code of Criminal Procedure were meant for the continuity of the surety bond and for enabling the accused to offer another surety bonds; they were not conditions precedent for the acceptance of a fresh surety in place of an earlier one. There was no occasion to issue a warrant for the arrest of R as he was present, in Court on July 7, when S applied for the discharge of his bond and may have intimated to the Court that he would offer fresh surety on July 9. The Court was interested in getting a fresh surety for letting R continue on bail and it did no wrong in accepting the appellant’s surety bond which was offered. The bond of S stood cancelled and appellant’s bond took its place. The bond of the appellant was really accepted on July 9 when the appellant filed the affidavit as required by s. 499 (3) of the Code and the Vakil also certified as to his solvancy. It was immaterial that the bond was formally accepted on August 20. Further, it was not necessary that each surety should execute the surety bond on the reverse of the personal bond of the accused. |
Judge | Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1962 INSC 108 |
Petitioner | Bekaru Singh |
Respondent | State Of U. P. |
SCR | [1963] 1 S.C.R. 55 |
Judgement Date | 1962-03-27 |
Case Number | 171 |
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