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CrPC, 1973
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CrPCChapter XXXIIISection 437A
Section437A

Bail to require accused to appear before next appellate Court

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Summary

Before the trial is finally concluded or an appeal disposed, the court can make the accused execute bail bonds with sureties to ensure they will appear before the higher court if that court issues notice about any appeal or petition. The bond remains in force for six months. If the accused fails to appear the bond is forfeited and the procedure under section 446 applies.

Example

Priya is convicted in a trial court but the court has not finally closed the case; the court asks her to sign bail bonds with two sureties promising to appear before the appellate court if it issues a notice. The bond is valid for six months. If Priya later ignores a notice, the bond will be forfeited and recovery will follow under section 446.

Bare Act

Enacted text

(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.

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XXXIII

Chapter XXXIII

Provisions As To Bail And Bonds

In this chapter

  • 436In what cases bail to be taken
  • 436AMaximum period for which an under trial prisoner can be detained
  • 437When bail may be taken in case of non-bailable offence
  • 437ABail to require accused to appear before next appellate Court
  • 438Direction for grant of bail to person apprehending arrest
  • 439Special powers of High Court or Court of Session regarding bail
  • 440Amount of bond and reduction thereof
  • 441Bond of accused and sureties
  • 441ADeclaration by sureties
  • 442Discharge from custody
  • 443Power to order sufficient bail when that first taken is insufficient
  • 444Discharge of sureties
  • 445Deposit instead of recognizance
  • 446Procedure when bond has been forfeited
  • 446ACancellation of bond and bail bond
  • 447Procedure in case of insolvency or death of surety or when a bond is forfeited
  • 448Bond required from minor
  • 449Appeal from orders under section 446
  • 450Power to direct levy of amount due on certain recognizances
Previous · Section 437When bail may be taken in case of non-bailable offenceNext · Section 438Direction for grant of bail to person apprehending arrest