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Forfeiture of Bond and Cancellation of Bail - A Distinction

By Ram Gopal Chaturvedi

Published In

Cr LJ 1969

There preponderates a conception in the judicial circles that the forfeiture, under S. 514 of the Code of Criminal Procedure, of a bond taken under S. 499 of that Cods, inevitably entails and works out an automatic cancellation of the original order admitting an accused to bail. Most of the presiding officers of the Courts in the lower judiciary and many a counsel are adhibited to this notion. It is presumed that the event of forfeiture of a bond amounts or leads ipso facto to a retreat from the original bail order. A textual approach only to the Code of Criminal Procedure will delineate that a bigotry to this notion is an astigmatism of the institution of bail. The distinction between the phenomena of forfeiture of bond and cancellation of bail does not seem to be recondite in the Code. An apercu of the relevant provisions will make the difference conspicuous. Section 493 of the Code provides that any person other than a person accused of a non-bailable offence, who ....

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