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        Case ID :

        1987 (7) TMI 121 - HC - Customs

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        Bail bond continuity: fresh bonds should not be insisted upon at each stage; the original bond normally lasts until trial ends. An accused released on bail should not ordinarily be compelled to furnish fresh bail bonds at successive stages of criminal proceedings. A bail bond duly ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Bail bond continuity: fresh bonds should not be insisted upon at each stage; the original bond normally lasts until trial ends.

                                An accused released on bail should not ordinarily be compelled to furnish fresh bail bonds at successive stages of criminal proceedings. A bail bond duly executed with sureties is intended to secure appearance throughout the case, including before the Magistrate and, after commitment, before the Court of Sessions, until the trial concludes. If a change in circumstances requires adjustment of bail terms, the proper course is to seek variation under the relevant procedural provision rather than insist on new bonds. The commentary also notes that an obsolete bond form referring to the old Code is unsuitable under the Code of Criminal Procedure, 1973.




                                Issues: Whether an accused released on bail can be required to furnish fresh bail bonds at later stages of the criminal proceedings and whether the original bail bond should ordinarily continue till the final conclusion of the trial, including upon commitment of the case to the Court of Sessions.

                                Analysis: The practice of compelling an accused to appear periodically during investigation and to execute fresh bonds after the complaint is filed or the case is committed was held to serve no useful purpose in the administration of criminal justice and to cause avoidable harassment. A bail bond, once duly executed with sureties, should ordinarily secure the accused's appearance before the Magistrate and before any court to which the case is transferred or committed until the trial ends. If circumstances change so as to require alteration in the quantum of bail, resort may be had to the appropriate procedural provision for variation instead of insisting on fresh bonds. The obsolete form referring to the old Code was noted as unsuitable to the present Code of Criminal Procedure, 1973.

                                Conclusion: The accused cannot ordinarily be required to furnish fresh bail bonds at each stage, and the original bail bond should continue to operate till the final conclusion of the trial unless special reasons justify otherwise.

                                Ratio Decidendi: A bail bond executed at the stage of release on bail should, as a rule, enure throughout the proceedings and cover appearance before the Magistrate and the Sessions Court after commitment, so that fresh bonds are not insisted upon without good reason.


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