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What is Power to order sufficient bail when that first taken is insufficient? What is Discharge of sureties? What is Deposit instead of recognisance? Section 443, 444 and 445 of Code of Criminal Procedure 1973

Power to order sufficient bail when that first taken is insufficient, Discharge of sureties and Deposit instead of recognisance are defined under Section 443, 444 and 445 of CRPC 1973. Provisions under these sections are:

 

Section 443 of CRPC " Power to order sufficient bail when that first taken is insufficient"

If, 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.

 

 

 

 

Section 444 of CRPC "Discharge of sureties"

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.

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STATE AMENDMENT
West Bengal
In section 444 of the Principal Act,-

(1) in sub-section (1) after the words "at any time", the words, "on showing sufficient cause," shall be inserted;

(2) after sub-section (1), the following sub-section shall be inserted:-

"(1A) On such application being made, the Magistrate may either hold an inquiry himself, or cause an inquiry to be made by a Magistrate subordinate to him, on the correctness of the reason shown, in the application to discharge the bond as stated in sub-section (1)";

(3) for sub-section (2), the following sub-section shall be substituted:-

"(2) If the Magistrate is satisfied, on enquiry made under sub-section (1A), that all or any of the sureties applying for discharge may be discharged, he shall issue warrant of arrest directing that the person so released be brought before him."

[Vide West Bengal Act 24 of 2003, s. 3.]

 

Section 445 of CRPC "Deposit instead of recognisance"

When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory note to such amount as the Court or officer may fix, in lieu of executing such bond.

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STATE AMENDMENT

West Bengal
In section 445 of the principal Act,-

(a) the words "with or without sureties" shall be omitted; and

(b) for the word "permit", the word "direct" shall be substituted.

[Vide West Bengal Act 24 of 2003, s. 4.]

 

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