Endorsement on the warrant not complusory right.
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
71. Power to direct security to be taken.
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the court the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state-
(a) The number of sureties;
(b) The amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
(c) The time at which he is to attend before the court.
(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.
Question: But what is the actual amount of sureties in cognizance offence & can a sureties bond can be executed in the police station or he/she can execute at the place of the person where he/she is going to arrest him?
Eg: B court has issued a warrant against a person known C. D a police officer has the warrant & goes to the place of the person where C resides or works or were he/she is found. Than can C executed a bond at the place of his resides or were he/she is working & the police officer has cam e to arrest him or C has to compulsory visit the police station to execute the Bond.
Section 71 (1) say that “”””by endorsement on the warrant that””” as the word””””Discretion””” is used so we can say that if the warrant is issued for arrest but at the back of it (endorsement) it has not mention that bond can be executed than he/she cannot be released on bond he/she has to compulsory arrest to the police officer. So it is not compulsory for the court to endorsed back of the warrant that if the person execute the bond than he/she should be released right ?
Thanks.
PALNITKAR V.V.
(Expert) 04 May 2011
Warrants are of two kinds. 1. Bailable 2 non bailable. In the case of bailable warrants, endorsement about the conditions of bail bonds to be executed in the case of arrest have to be mentioned.But in non bailable warrants, no such endorsement is needed.
