Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th May 1963, in Criminal Miscellaneous No. 1173 of 1963/Criminal Miscellaneous No. 1147 of 1963).   Bail-Bail bond-Condition, that person admitted to bail shall desist from repetition of offence with which he is charged cannot be "incorporated in bail bond"-"Bail"-Meaning Criminal Procedure Code (V of 1898), S. 499 read with S. 561-A and with Ss. 496, 497, 498, 500, 502 & 514-Accused has indefeasible right to grant of bail under S. 496-Inherent powers under S. 561-A when exercisable.   Whatever the position may be with regard to the power of a Court in requiring an undertaking from an accused person before granting bail to desist from the repetition of the offence with which he is charged, as a condition precedent to the grant of bail, it seems fairly clear on the language employed by section 499, Cr. P. C. that such a condition cannot be incor porated in a bail or surety bond itself.   The connotation of the word `bail' itself, as understood in law, supports this position. An accused person is said, at common law, to be admitted to bail, when he is released from the custody of the officers of the Court and is entrusted to the custody of persons known as his sureties, who are bound to produce him to answer, at a specified time and place, the charge against him and who in default of so doing are liable to forfeit such sum as is specified when bail is granted. (Vide "Concise Law Dictionary" by Osborn, 1927 Edition, page 32): This view receives further strength from a consideration of the provisions of the other sections included in Chapter XXXIX of the Code of Criminal Procedure. Section 497, which relates to cases of bail, when the person concerned is accused of a non-bailable offence, also talks of release of such a person on bail or at the discretion of the officer or Court concerned, on the execution by him of a bond without sureties. for his appearance as provided in the .section. The expression for his appearance is stressed particularly in this context. Section 500 also enacts that as soon as the bond has been…