Cancellation of bond and bail bond
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Summary
When a bond for a person's appearance is forfeited because a condition was breached, the person's own bond and any surety bonds in that case are cancelled. After cancellation, the person cannot be released only on his own bond if the Police Officer or the court is satisfied there was no sufficient cause for the failure to appear. He may be released if he executes a fresh personal bond and one or more sureties for the sum the Police Officer or the court thinks sufficient.
Example
Priya gave a personal bond with a surety to appear in court but missed a hearing without sufficient reason and the bond was forfeited. The Police Officer found there was no sufficient cause for her absence. Priya's personal bond and her surety's bond were cancelled, so she could not be released just on her old bond. She could be released only after executing a fresh personal bond and one or more sureties for the sum the Police Officer or the court requires.
Bare Act
Enacted textWithout prejudice to the provisions of section 446, where a bond under this Code 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 provision of this Code 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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