Bond under CRPC 107
arun kumar
(Querist) 28 June 2016
This query is : Resolved
Sir
A false FIR has been filed against me under 336, 427 IPC. As its bailable i got bail from the concerned Megistrates Court.
But now i have recieved a Notice under CRPC 107 to maintain peace and file a bond with two sureties.
I request you to please guide me that what kind of procedure is this?? Do they are harassing me??
Regards
Arun
dev kapoor
(Expert) 29 June 2016
Hello,
Case may be false but once Magistrate has decided proceedings u.s.107 Cr.P.C & asked you to furnish bonds 'for maintaining peace' you have to comply.If order is passed at your back I.a.without hearing you the best thing at your disposal is filing revision petition before Sessions Judge who would quash this order only on the ground of violation of principles of natural justice.
Proceedings u.s.Wii take place at behest of police or private party apprehending disturbance of peace and tranquillity by your deeds at after hearing you,may pass this kind of order.
arun kumar
(Querist) 29 June 2016
Sir,
As on today only notice have been served.
arun kumar
(Querist) 30 June 2016
Sir,
Some people are suggesting me that not to file bond as i will be in trouble however, The police officer said that it is only prohibitory bond but sir please guide that if i will execute the bond does it means that i have accepted the crime.
I am a law abiding citizen with no previous record and want to live my life peacefully.
Your guidance will be highly appriciated.
Devajyoti Barman
(Expert) 30 June 2016
You can challenge the order of furnishing the bond beofre the sessions court of high court.
arun kumar
(Querist) 30 June 2016
Ok sir, in my case i have recieved show cause notice for presenting before ACP office but my question is wheather i execute the bond or not.
Siddharth Dev
(Expert) 30 June 2016
kindly provide me your case details there are some information regarding case which you did not mentioned
Thank You
arun kumar
(Querist) 30 June 2016
Sir,
Can you provide me your Email Id?
RAVI K GOUD
(Expert) 30 June 2016
you can challenge before the Appellate court i.e by revision in Session court.If the order of the magistrate is reversed then no need to furnish bond otherwise yes.
arun kumar
(Querist) 01 July 2016
Sir,
If i execute the said bond, does that will lead to my acceptance that i have committed crime and the same will influence in trial of my original case?
Dr J C Vashista
(Expert) 05 July 2016
It do not imply acceptance of the allegations leveled against you, to be true.
Siddharth Dev
(Expert) 05 July 2016
@ arun kumar
may be law can solve your problem well it only to ensure to prevent breach of peace it is not a criminal charge and you can approach for session court in revision petition if you are aggrieved by any order.
Well the law is;
Central Government Act
Section 107 in The Code Of Criminal Procedure, 1973
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
