Date

abhimanyu (Querist) 16 December 2020 This query is : Open
Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity 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."

Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:

a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court

May also provide the case law on the issue, in case there is any.

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Quick Summary

This discussion clarifies when the period for a surety bond under Section 107 of the Criminal Procedure Code (CrPC) commences. Experts generally agree that the period starts from the date the accused first appears before the Executive Magistrate. The scenario presented involves four individuals required to execute a peace bond for eight months, with two appearing on a hearing date before the magistrate arrived, raising questions about the start date of the surety period in such circumstances.

Advocate Bhartesh goyal (Expert) 17 December 2020
The day on which accused first time appears in the court.

Message likes : 1 times

Dr J C Vashista (Expert) 18 December 2020
I concur and appreciate opinion and advise of expert Sh. Bhartesh Goyal.
It would be on the date of appearance of accused before Executive Magistrate (with or without submission of surety)
What is your concern /locus standi / problem, be specific ?

Rajendra K Goyal (Expert) 18 December 2020
Agree with the expert Bhartesh goyal.

abhimanyu (Querist) 20 December 2020
In the instant case, the magistrate required 4 persons to execute a bond of Rs. 35000/- each , with one surety of same amount for keeping the peace for 8 months.

This is common case against four persons and out of which two only appeared in the court on the date of hearing and their attendance was marked by the court official, However, magistrate did not come and those two were given next date. Now in this case, from which date the period of 8 months will start when magistrate did not come and attendance was marked by only two persons out of four persons.

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