Before any person is released on bail or on his own bond, such a person must execute a bond for such amount as the Police Officer or the Court, as the case may be, thinks sufficient. When the person is released on bail, a similar bond is also to be executed by one or more sureties guaranteeing that the person will attend at the time and place mentioned in the bond, and shall continue to do so until otherwise directed by the Court or by the Police Officer.
The amount of every bail-bond executed under this Chapter is to be fixed with due regard to the circumstances of the case, and should not, in any case, be excessive. The High Court and Sessions Court are empowered to direct a reduction in the bail required by a Police Officer or a Magistrate. (S. 440)
Under an amendment introduced in 2005, every person standing surety to an accused person for his release on bail must make a declaration before the Court as regards the number of persons for whom he has stood as a surety, including the accused, giving all the relevant particulars therein.
Image Source: 185.26.182.219
ADVERTISEMENTS:
As soon as the bond is executed, the person for whose appearance it has been executed is to be released. If such a person is in jail, the Court must issue a release order to the Officer-in-charge of the jail, who must then release him. However, this does not authorise the release of any person liable to be detained in some other matter.
If insufficient sureties have been accepted due to mistake, fraud or otherwise, or the sureties have afterwards become insufficient, the Court may issue a warrant of arrest of the released person, calling upon him to find sufficient sureties, and on his failing to do so, he may be committed to jail.
S. 444, which deals with discharge of sureties, provides that any surety can apply to the Magistrate to discharge the bond, either wholly or so far as it related to him, as the case may be. On receiving such an application, the Magistrate issues a warrant of arrest in respect of the released person. When such a person appears before him, the Magistrate directs the bond to be discharged, at the same time calling upon the person to find other sufficient sureties. If he fails to furnish such sureties, he can be committed to jail.
ADVERTISEMENTS:
S. 445 then provides that if a person is required to execute a bond, with or without sureties, except in the case of a bond for good behaviour, the Court may permit him to deposit a sum of money or Government promissory notes of such amount as the Court may fix in lieu of executing the bond.
The procedure to be followed when a bond is forfeited is outlined by S. 446. Shortly stated, it is provided that when it is proved, to the satisfaction of the Court, that the bond has been forfeited, the Court must record the grounds of such proof, and may call upon the person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. If such a person does not show sufficient cause, and the penalty is not paid, the Court may proceed to recover the same as if it was a fine imposed by the Court under the Code.
It is now also provided that if such penalty is not paid and cannot be recovered as above stated, the person bound as the surety would become liable to imprisonment in civil jail for a term which may extend to six months.
S. 446 also provides that, at its discretion, the Court may also remit any portion of the penalty and enforce payment in part only.
ADVERTISEMENTS:
If a surety to a bond dies before the bond is forfeited, his estate is discharged from all liability in respect of the bond.
Under S. 446-A, if a bond is for the appearance of a person in a case, and it is forfeited for breach of a condition,-
(a) The bond executed by such a person, as well as the bond (if any) executed by one or more of his sureties in that case would stand cancelled; and
(b) Thereafter, no such person can be released only on his own bond in that case, if the Police Officer (or the Court, as the case may be) is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.
However, it is also provided that such a person may be released in that case upon the execution of a fresh personal bond for such sum of money, and the bond of one or more sureties as the Police Officer (or the Court, as the case may be) thinks sufficient.
If such a surety becomes insolvent or dies, or when a bond is forfeited as above, the Court may order the person from whom such security was demanded to furnish fresh security, and if that is not furnished, the Court can proceed against the person concerned as if there was a default in complying with the original order in this respect. (S. 447)
When a person required by the Court to execute a bond is a minor, the Court may accept, in lieu thereof, a bond executed by one or more sureties only.
Construction of a surety bond:
Every bond is to be construed on its own terms, but in the case of a surety bond for the production of an accused person, the purpose and object behind such a bond must always be kept in mind. Such a bond is executed for the purpose of ensuring the presence of the accused in the Court.
But for the bond, the accused would have to remain in custody so that the trial may proceed smoothly. Looked at from this angle, surety bonds in criminal cases must be held to be designed to serve a public purpose. In some cases, surety bonds may call for strict construction, but such a construction must not be so unduly strained so as to result in defeating its essential purpose. (Dadamiya— A.I.R. 1971 S.C. 1722)
Specimen Form:
The following are specimens of a bond and bail-bond for attendance before the Court or an Officer-in-charge of a Police Station.
I, (name) of (place), having been arrested or detained without warrant by the Officer- in-charge of Police Station (or having been brought before the court of), charged with the offence of…………….. , and required to give security for my attendance before such Officer (or Court) on condition that I shall attend such Officer (or Court) on every day on which any investigation or trial is held with regard to such charge, and in case of my making default therein, I find myself to forfeit to Government the sum of Rupees five hundred.
Dated this 1st day of June, 20—.
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said (name) that he shall attend the Officer-in-charge of Police Station (or the Court of) on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such officer (or Court) for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of Rupees five hundred.
Dated, this 1st day of June, 20—.
(Signature/s)