Power to order sufficient bail when that first taken is insufficient
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Summary
When bail was granted but the sureties accepted were inadequate (by mistake, fraud, or later becoming insufficient), the court can issue a warrant to bring the accused back. The court may order the person to find sufficient sureties. If they fail, the court can commit them to jail.
Example
Priya is released on bail after an FIR, but one surety withdraws and the remaining surety cannot cover the amount. The court issues a warrant to bring Priya back and orders her to find sufficient sureties. When she fails to produce them, the court commits her to jail.
Bare Act
Enacted textIf, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do, may commit him to jail.
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