Discharge from custody
AI Assist
Summary
Once a bond for a person's appearance is executed, the person must be released. If the person is in jail, the court admitting bail will issue a release order to the jail officer and the officer must free them on receipt. This does not require release if the person is lawfully detained for some other matter.
Example
Priya is in jail on a theft charge but is granted bail in a separate assault case and executes the bond. The court sends a release order to the jail, and the jail officer must release her on receiving it. If Priya is being lawfully detained for some other unrelated matter, the jail need not release her.
Bare Act
Enacted text(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.
(1) Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
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