Law: Criminal Procedure Code (V of 1898)

Section: 497,499,513,514

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 499--- Offences punishable with imprisonment of less/more than 10 years---Bail---Scope and purpose---Bond of accused and sureties --- Scope. Bail was an interlocutory arrangement to ensure physical presence of an accused so as to confront the indictment pending conclusion of the trial, either under judicial custody or with a surety to produce him before the Court as and when required. In the non-bailable category of offences, grant of bail in crimes punishable with imprisonment of less than 10 years, presumably with charges on the lower side of gravity scale, the release of accused, after conclusion of investigation was a rule, however, even in appropriate cases, the Court may still validly decline the concession. In offences punishable with death or for imprisonment for 10 years or above, the accused could not be released on bail unless he succeeded in making out a case calling for further probe. In the event of his release on bail, the Court may require an accused to execute a bond either personally or through sureties amount whereof "shall be fixed with due regard to the circumstances of the case, and shall not be excessive." The bond by the accused or the sureties, as the case may be, had to be executed to ensure compliance, contemplated by section 499, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497, 499, 513 & 514---Bail, grant of---Bond of accused and sureties, quantum of---Scope---Forfeiture of bond---Scope. In case the Court considered it expedient to release an accused on bail pending conclusion of his trial, it could certainly require him to execute a bond either personally or through sureties, setting conscionable amounts therein, having regard to the facts and circumstances of each case with a view to ensure future attendance and may proceed to forfeit such bond in the event of default/non-compliance as contemplated by section 514, Cr.P.C. Criminal Procedure Code, 1898, did not envisage cash deposit except for an undertaking for good behavior within the framework of section 513 thereof. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 499---Financial…

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