Cancellation of bond and bail bond
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Summary
When a bond or bail bond for a person’s appearance is forfeited because a condition was breached, that person’s bond and any sureties’ bonds are cancelled. If the police or court is satisfied there was no sufficient cause for the failure to appear, the person cannot be released only on his own bond. He may be released if he executes a fresh personal bond and fresh sureties for the sum the police or court considers sufficient.
Example
Priya, a shopkeeper, gave a personal bond with a surety to appear in a trial. She missed the hearing and the bond was forfeited for breach. The court cancels her bond and the surety's bond because it finds no sufficient cause for her absence, and will not release her on only her own bond; she can be released only after executing a fresh personal bond and fresh sureties for the sum the court or police considers sufficient.
Bare Act
Enacted textWithout prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,-
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(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and
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(b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:
Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.
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