S. 437A has been inserted in the Cr. P.C. by amendment act, 2008 (Act No 5 of 2009). It runs as under:
"437A. (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.''
The commencement clause of the amendment Act says:
“It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act”
- What is the date enforcement of s. 437 A?
2. Whether this section is applicable in cases of convictions also ? i.e. whether a convict has got right to bail for 6 months after the judgment ?