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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.

 

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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