Appeal against acquittal
Sonia Prabhu
(Querist) 26 May 2013
This query is : Resolved
I have filed an appeal against the order of acquittal. I have filed this as a Victim, under sec 372 cr pc (amended).
The order appealed mentions that the accused is acquitted and his bail bond and surety gets cancelled after appeal period.
Now that I have applied in the appeal period I have given an application to the magistrate requesting not to cancel the bond. The court has send a show cause notice to the acquitted as to say the bond should be cancelled.
Note:
The appeal is not yet admitted as it is in the admission argument stage.
My question is :
1) Since I have executed my rights of appeal during the appeal period will his surety and bail bond continue?
2)Is it must for the magistrate to maintain the proceedings as they are or can the magistrate cancel the bond i.e execute his order as the sessions court has not yet given any stay on the order.
Adv Archana Deshmukh
(Expert) 26 May 2013
The bond if executed u/s. 437-A of crpc, will continue.
The magistrate will not cancel the bond as you have preferred the appeal.
Raj Kumar Makkad
(Expert) 26 May 2013
1. As the accused has been acquitted so his bail bonds and surity bonds get discharged. If an appeal has been filed against that judgment/order and it has been admitted and then notice has been issued to the accused then he has to obtain fresh bail and thus has to deposit fresh bail bonds and surity bond as per satisfaction of the upper court. Though lower court is not bound by this general practice and can retain the surity bond and bail bond till the normal limitation of filing the appeal.
2. No.
Sonia Prabhu
(Querist) 26 May 2013
Dear Experts thanks for your reply. Mr Nanda will you please help me by saying which of the advise is more likely to be accepted by the court.
Raj Kumar Makkad
(Expert) 26 May 2013
Your query relates to Mr. Nanda so I have nothing to comment.
Sonia Prabhu
(Querist) 26 May 2013
Mr Makkad,
I am sharing my points of argument (which I will be conducting tomorrow in court)
I feel that when an appeal is filed against the order of acquittal it means that the situation reverts or restores its original position and the acquitted person again falls in the category of the accused and hence his bail bond should continue as his presence in the appeal court needs to be assured. I feel during an appeal the original court against whose order the appeal is filed needs to maintain status co and hence the order issued by this court should not be executed by the magistrate sou moto.
Please share your views. Thank You.
