- Sentence suspended till 28/08/2021 to enable accused to file appeal against conviction.
- Order of suspension of sentence cancelled as accused did not prefer appeal. Warrant issued by Magistrate, accused absconded.
- Subsequent to 28/08/2021 this is no sos order in force, which is not in force cannot be extended.
- There is no question of extending bail bonds as the same are forfeited. He has to apply for bail again, furnish bail bonds and surety as order by Sessions Court to the satisfaction of Court of Magistrate or Sessions Court.
- As bail bonds and surety is filed in the Court of Magistrate, an application to forfeit the same has to be submitted there.
- When accused has violated conditions of bail bond, sos cannot be extended.
- Sos will be in force till the expiry of appeal
- Surety amount deposited will be forfeited to State, liability surety dose no extend beyond that.
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
Bail and surety cancellation
Hi friends, Accused S.o.S order u/s 389(1) saying appeal pending. No Objection from PP. on S.o.S order Accused got executed Bail & surety in Magistrate court through advocate not on record. which expired on 28/08/21.Magistrate court issued conviction warrant & accused was absconding. Now in this scenario can Accused suppress this and extended Ex-parte S.o.S order on 17/11/21. Now technically 29/08/21 to 16/11/21 No Bail or any No S.O.S order. Can Accused extend S.o.S order after Violation Bail & surety (absconding by police). if 1.Now Magistrate PP not ready to file Surety & Bail bond forfeited for breach of a condition as records sent to sessions court. 2. Can Accused skip executing /extending Bail bond & surety in Magistrate court after S.o.S extension from session court as TCR not in Magistrate court. 3. which court PP should file Surety & Bail bond forfeited application. 4. how long accused can extend Ex-parte S.o.S order on memo without executing the same in magistrate court. (Bail & surety) when he voilated the law in previous bail 5.How surety hold responsible and take action on accused absconding in no bail period
Asked 3 years ago in Criminal Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
8 Answers
The suspension of sentence is a different subject to that of the grant of bail.
It's the duty of the court to scrutinize all the applications filed before it for confirmation of legal procedures being followed properly by the applicant before passing any order on the application.
Also there is no such term called exparte order to grant suspense of sentence
If application suffers legal issues then the court will reject the same.
You ascertain what relief you expect from court in this regard and file petition accordingly.
Dear Client,
The court can issue notice to the surety if the accused is absconding when released on bail. The surety has to appear before the court. In case where the Accused does not appear before the Court when released on bail, the Court can come against the Surety only to the extent of the bail amount. in the high court, pp can file surety and bail bond forfeited application.
Surety can't take any action he can only withdraw to be a surety in that case at the most
Respected Advocates Thanks for guidance. In my case Magistrate court failed forfeit Bail bond & surety bonds & not issue notice of penalty to accused & surety ,even after issuing NBW after previous Bail expired and police reported Accused absconding. Accused suppress this in Sessions court & continue to take 4 times extension of Expired S.o.S by filing memo. on the basis of this Extended S.o.S the magistrate court is recalled the warrant and continue to release accused on same Bail bond & Surety bond , which are supposed to forfeited after accused absconding from police in NBW. Should I ask PP to file application in magistrate court to forfeit Bail bond & surety bonds as this Bail & surety bond executed in that court and report process of forfeit is not followed and also not insisted for fresh bail & surety. or session court PP as trial court record sent to session court.
Asked 3 years ago
You cannot interfere in court procedures.
If you are an aggrieved person then you can file a petition before concerned court expressing your grievances and seek for appropriate relief as per process of law.
Yes you can request pp if it's a police case
Dear Client,
you can ask the session court PP to do it.
- Since, the accused is not complying the direction of the court and absconding , then the court is bound to issue NBW against him and if no cancellation then he will be declare P.O. in the case.
- Further, with the non complying the NBW direction , his surety bond can be forfeited after serving a notice to the surety .
- Further , if court has not taken steps against him , then you can move an application before the court for forfeiting his surety bond.
- Further, there is no direction of ex-parte order in the criminal case , and also in the conviction process such order cannot be passed.
