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Prakash R   24 June 2019

Cr.pc 437a - whether surety to appear only in lower court?

Hello Experts,

Cr.PC 437A says:437A. BAIL TO REQUIRE ACCUSED TO APPEAR BEFORE NEXT APPELLATE COURT.

(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.

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MY CASE:   An accused is convicted and asked to pay an Amount to the Complainant after the Cheques get bounced. The Complainant went on to Appeal against the judgement of the Trial Court. Even the Accused went on to Appeal. While passing the judgement the Trial Court asked the Accused to deposit a part of the Judgement Amount, Provide Personal Bond and surety and comply with 437A Cr.PC. 

The Accused complied with the Trial Court verdict as per the conditions. In the Appeal Court, the Accused produced receipts for having deposited the Amount, produced order sheet for having given Personal Bond and surety and an Affidavit for having complied with 437A Cr.PC.

My question is whether only Accused has to appear in Appellate Court  OR even the Surety has to appear in Appellate Court (Surety has already appeared in Trial Court). I need an explanation based on Cr.PC 437A section's descripttion.

 



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