Showing posts with label forfeiture of surety. Show all posts
Showing posts with label forfeiture of surety. Show all posts

Thursday, 14 April 2016

Whether surety can be forfeited if accused commits another offence while on bail?

Let us take a case wherein a condition has been

incorporated in the order granting bail that he shall not


involve in any offence while on bail. In such a case, even if


such an accused who is enlarged on bail through that order

happens to become an accused in another case, it will not

be just in forfeiting the bond executed by the sureties and



asking them to pay the penalty. There can be breach of



other similar conditions also.         Except the violation of the


condition for the appearance of the accused in that case,

the sureties cannot be called upon to pay the penalty afterforfeiting their bonds.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                    PRESENT:

                        THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

           TUESDAY, THE 17TH DAY OF NOVEMBER 2015

                                           Crl.MC.No. 6222 of 2015 
           INTELLIGENCE OFFICER,
           NARCOTIC CONTROL BUREAU,
           SUB ZONE, KAKKANAD, KOCHI.
Vs
           LIJO K.JOSE, 

          B. KEMAL PASHA, J.
Citation; 2016 ALLMR(CRI)JOURNAL)121
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