Executing Security Bond For Good Behaviour Under Section 109 CrPC Cannot Be Construed As Criminal Proceedings: Madras High Court
3 months, 3 weeks ago

Executing Security Bond For Good Behaviour Under Section 109 CrPC Cannot Be Construed As Criminal Proceedings: Madras High Court

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The Madras High Court recently observed that executing a bond for good behaviour could not be considered as a criminal proceeding and the same cannot be held against a person to deny him employment. One of us sitting singly had vide order dated 04.01.2018 in W.PNo.19985 of 2017 held that s ecurity proceedings under Section 107 of Cr.P.C cannot be construed as criminal cases and that though FIR is registered for initiating proceedings under Section 107 of Cr.P.C, the persons named in the FIR cannot be construed as accused. Saravanan informed the court that he had applied for the post of Police Constable Grade II, Jail Warden and Fireman Grade II- 2019 notified by the Tamil Nadu Uniformed Service Recruitment Board. The court thus reiterated that the Tamil Nadu Service Rules could not prevail over the JJ Act and thus the earlier proceedings could not be raked up against Saravanan.

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History of this topic

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
11 months, 3 weeks ago

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court

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The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions. Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to …

S.446 CrPC | Accused Must Be Given Opportunity Before Court Records Satisfaction As To Breach Of Bond: Jammu & Kashmir High Court
1 year, 9 months ago

S.446 CrPC | Accused Must Be Given Opportunity Before Court Records Satisfaction As To Breach Of Bond: Jammu & Kashmir High Court

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Stressing on the need to ensure fairness and due process in cases where breach of a bond under Section 446 CrPC is alleged, the Jammu and Kashmir and Ladakh High Court has said it is mandatory that the court issues a notice first, providing the accused an opportunity to explain any alleged breaches. A single bench of Justice Mohan Lal …

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
2 years ago

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds

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The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for keeping peace. …

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC
2 years, 7 months ago

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC

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The Calcutta High Court has formulated guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure, requiring persons who are in custody to execute bonds for keeping peace/ good behaviour under Sections 107-110 of the Code. If the accused or the petitioner is unable to understand the meaning of the terms "show cause" then the …

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety
2 years, 8 months ago

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety

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Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety.Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay …

Mere Apprehension That Accused May Flee Can't Be Sole Factor For Denying Benefit Of S.445 CrPC: Delhi High Court
2 years, 11 months ago

Mere Apprehension That Accused May Flee Can't Be Sole Factor For Denying Benefit Of S.445 CrPC: Delhi High Court

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The Delhi High Court has held that a mere apprehension expressed by the prosecution that the accused may flee the course of justice, cannot be the sole determinative factor for denying benefit of Section 445 Code of Criminal Procedure. A mere apprehension expressed by the prosecution that the accused may flee the course of justice, cannot be the sole determinative …

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court
3 years ago

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

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While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. …

Accused Unable To Deposit Surety Bond : Delhi High Court Modifies Bail Condition To Personal Bond
3 years, 8 months ago

Accused Unable To Deposit Surety Bond : Delhi High Court Modifies Bail Condition To Personal Bond

Live Law  

The Delhi High Court has modified a bail condition for deposit of surety bond to deposit of a personal bond instead, on account of the accused being a labourer lacking the financial resources for a surety bond.In an Application filed under Section 482 Code of Criminal Procedure, read with Section 440 Code of Criminal Procedure, Justice Manoj Kumar Ohri directed …

It Is Not mandatory For The Court To Grant Bail U/S 88 Cr.P.C Just Because Accused Was Not Arrested By Police During Investigation: SC [Read Judgment]
7 years ago

It Is Not mandatory For The Court To Grant Bail U/S 88 Cr.P.C Just Because Accused Was Not Arrested By Police During Investigation: SC [Read Judgment]

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Supreme Court of India has held that it is not obligatory for a Court to release an accused by accepting the bond under Section 88 Cr.P.C. The main issue which involved in the case was ‘whether it was obligatory for the Court to release the appellant by accepting the bond under Section 88 Cr.P.C. The Court has concluded that the …

It Is Not mandatory For The Court To Grant Bail U/S 88 Cr.P.C Just Because Accused Was Not Arrested By Police During Investigation: SC [Read Judgment]
7 years ago

It Is Not mandatory For The Court To Grant Bail U/S 88 Cr.P.C Just Because Accused Was Not Arrested By Police During Investigation: SC [Read Judgment]

Live Law  

Supreme Court of India has held that it is not obligatory for a Court to release an accused by accepting the bond under Section 88 Cr.P.C. The main issue which involved in the case was ‘whether it was obligatory for the Court to release the appellant by accepting the bond under Section 88 Cr.P.C. The Court has concluded that the …

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book
10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law  

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law.," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal …

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