How to Harmonise S.437A of Cr.P.C
Guest
(Querist) 01 August 2011
This query is : Resolved
S.437 A of Cr.p.c. which was inserted by amendment act of 2008 has taken away a discretion available u/s 441(3)of Cr.P.c. to the courts till then.
The effect of the amended provision is that the courts have to mandatorily obtain a bond with surety from a person whether he is convicted or acquitted. This has created a lacuna e.g.
If a person is accused of a bailable offence the courts have discretion to release him on bond without surety in view of proviso to S.436(1) of Cr.P.c.
Similarly if a persons is accused of a non bailable offence yet the court has discretion to release him on bond without surety in view of S.437 (2) of Cr.p.C.
Further in view of S.445 Cr.p.c. courts have a discretion to release a person can be released on deposit of money without executing a bond with or without surety.
Now in all the above three cases such a person after the trial whether convicted or acquitted has to execute bond with surety and the court does not have discretion to waive surety.
Is it not a lacuna? whereas a person had freedom to face trial without a surety, he has to furnish a surety after acquittal.
Can 437A be harmonised with the other sections referred to by me???
