forfeiture of bond amount
imteyaz farooquee
(Querist) 04 February 2011
This query is : Resolved
Dear expert,
Please guide me , in Arms Act case, the cartridges were released in favour of a persons, who is the informant , on 50,000/- security bond, but during trial he did not produce those released articles after several notices. Now, the prosecution requested for forfeiture of bond, what is the process thereafter ? Whether the parent trial should be stopped and forfeiture proceeding will prevail in seperate form
Arvind Singh Chauhan
(Expert) 05 February 2011
Parent trial can be stopped till the forfeiture proceeding, and after forfeiture it will run as usual.
Ajay Bansal
(Expert) 05 February 2011
Agreed with Arvind.
vijayan
(Expert) 05 February 2011
Forfeiture proceedings shall go side by side with the main case. Prosecution or defense have no role in the forfeiture proceedings. In such proceedings, complainant will be the magistrate(court)and the person executed bond will be the respondent, (not named as accused). Court shall number this proceedings separately as Miscellaneous case etc.and dispose it accordingly. Normally, the cartridges are the material objects to be identified before the court in trial and if it is not produced, it will cause prejudice to the accused and prosecution case shall fail.
