bail

Ladhu Ram Chowdhary (Querist) 18 April 2009 This query is : Resolved
Criminal P.C.(2 of 1974),s.436-Bail by police-Magistrate does have jurisdiction to order furnishing of fresh bail bounds ?

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Jaswant Singh (Expert) 18 April 2009
After filing the charge sheet in court and on taken cognize of offence, the court shall summon the accused and ask the bail bond from the accused

MANISH (Expert) 20 April 2009
Dear friend,
normally in bailable offences, the bail is granted by the police.
But the bail granted by police is temporary, and the permanent bail could only be obtained from the Court, (MM).
So, the Magistrate can order the furnishing of fresh bail bonds.
In such bail bond, the surety may be changed. the amount of the bail is also quoted by the concerned Magistrate.

N.K.Assumi (Expert) 21 April 2009
The isssue is not bailable or non bailable. In bailable case if the accused by his conduct and behaviour has forfeited the concession shown to him either by the police or the magistrate, and if the bail is forfeited the accused bailed out even in bailable offences, even given by the poice stands forfeited. See section 446-A of the criminal procedure code.Once bail is forfeited there is no right of the accused for bail but it becomes the discreation of the authority either to grant bail or to refused it.

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