Whether it is mandatory for court to take bail from accused as per S 437A of CRPC if he is acquitted?

437-A. Bail to require accused to appear before the next Appellate Court.- (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the Higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.

(2) if such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.

14. In our view, though the section states that trial Court may direct the accused to execute the P.R. Bond with sureties the said directions of execution of P.R. Bond with sureties will have to be treated as directory order and not mandatory order since the said provision will have to be read alongwith other provisions which are there in the Cr.P.C. viz. Sections 441, 445 and, therefore discretion would vest in the trial Court of directing the accused to execute a P.R. Bond and also ensure that his presence is secured in the manner as stated aforesaid in para 13 above.

IN THE HIGH COURT OF BOMBAY

Criminal Application No. 1087 of 2011 in Criminal Appeal No. 315 of 2007

Decided On: 17.10.2011

 Farooq Abdul Gani Surve Vs.  State of Maharashtra

Hon'ble Judges/Coram:

V.M. Kanade and A.M. Thipsay, JJ.

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