Section 440 in The Code of Criminal Procedure, 1973
440. Amount of bond and reduction thereof.
(1) The amount of every bond executed under this
judgment in Satender Kumar Antil
(Supra) to Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to
as “ CrPC ”), by and large ... bailable cases in
which the mandate of Sections 41 , 41-A of CrPC and Arnesh Kumar v. State of
Bihar
have
perused the record.
9. Section 439 of the Code of Criminal Procedure provides about
the powers of the High Court or the Court ... case, the bond is subsequently
forfeited, it is the procedure provided under Section 446 Cr.P.C, which is
required to be followed.
12. Section
Respondent/Complainant
PRAYER: This petition filed under Section 482 of Criminal Procedure code seeking modification of the anticipatory bail condition imposed on him by this ... petitioner also submitted that there is no provision in the Code of Criminal Procedure to direct the accused and the surety to produce such documents
KUMAR MENDIRATTA, J.
1. Petition under Section 482 of Code of Criminal Procedure, 1973
( Cr.P.C .) has been preferred on behalf of the petitioner ... further be observed that Section 440 of the Code of Criminal
Procedure, 1973 provides that amount of every bond executed under this
chapter shall
bail bonds the legislature, while framing Section 445 of the Code
of Criminal Procedure, 1973, used the words such "Court" or "Officer ... Gauhati High Court
observed,
14. From the relevant provisions of the Criminal Procedure
Code , there is no doubt that cash deposit in lieu of execution
emphatic "NO" as Section 173 of the Code of Criminal Procedure does not permit the Criminal Court to adopt such a course. Such ... charge-sheet forthwith and proceed according to the procedure laid down in Section 173 , Cr.P.C. and exercise the options available
HCHP
10
14. From the relevant provisions of the Criminal Procedure
Code , there is no doubt that cash deposit in lieu of execution ... provision of local surety is
nowhere mentioned in the Code of Criminal Procedure and
surety can be from any part of the country or without
Gauhati High Court
observed,
[14]. From the relevant provisions of the Criminal Procedure Code ,
there is no doubt that cash deposit in lieu of execution ... provision of local surety is nowhere mentioned in the Code
of Criminal Procedure and surety can be from any part of the country
or without
Court alongwith his counsel
and filed an application under Section 437 Cr.P.C. praying for his release on
bail. After hearing learned counsel ... charge-sheet forthwith and proceed according
to the procedure laid down in Section 173 , Cr.P.C. and exercise
Bail.Appln. No.1946/2014 Page