Validity of bond under cr. pc u/s 437 a
RK
(Querist) 26 September 2018
This query is : Resolved
what is validity of bond of 437 A under Cr. Pc ?
Can We file Appeal after expiry of bond validity against accused ? or consequences of filing appeal after expiry of 437 A bond period ?
Please help me.
Guest
(Expert) 27 September 2018
- Valid, if you don't discuss the real problem.
- Not valid, if bond period is already expired.
- If you find any violation of any bond condition on the part of the accused that too during the validity period, you can file appeal, provided you are affected party.
- If you don't have any reason to prove violation of bond during validity period or you are not an affected party, you cannot file appeal.
- Consequences of appeal are either that can be accepted or rejected by the court on merits or demerits of the case.
IN FACT, YOUR QUERY IS THE MOST VAGUE QUERY WITHOUT ANY HEAD AND TAIL.
Better discuss the real problem, if you have any.
Dr J C Vashista
(Expert) 27 September 2018
Bond u/s 437A is required to be submitted by accused on his/her acquittal, which is valid for the period of limitation to file an appeal/revision against the order of acquittal.
Prima facie it is an academic and hypothetical question paper.
If there is some truth in the story, did you discuss with your tutor or lawyer ? If so, what is his/her advise?
Vijay Raj Mahajan
(Expert) 27 September 2018
Validity of bond under section 437A CrPC is for 6 months. The limitation for filling appeal against the acquittal u/s378(5) too is 6 months. If the bond period expires when appeal is filled, the appellant court can always get a fresh bond executed from the respondent/accused.
