Arvind Singh Chauhan (advocate) 26 April 2011

Where is the Provision ?

Please seniors tell me where is the following provision.

1.if accused is released on bail by IO, we have to ask bail from court again, while the purpose of bail has been finished and investigation has been completed,now there is no chance of tampering proof and accused is present in court, obeying the order of court. Why we have to seek bail again from court ?. Allahabd HC held in one case that if IO has released on bail on same crime number, court should not ask fresh bail bonds.

2. After taking cognizance, Accused is summoned by court. But while appearing in court, court ask for surrender application. Why?

It has been a tradition or there is any provision? Please refer provision or apex court's citation reverting this, if it is only a tradition.

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4 Replies

Ravikant Soni (LAWYER IN JAIPUR) 27 April 2011

Tradition because no law has been scribed as to this relation.

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Prakash V Bodas (Advocate) 27 April 2011

The bail to be given in the court is for securing the appearance of accused in the court during trial. The IO dont have the power for the same.

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P.K.Rony (advocate) 27 April 2011

s.436,437 &439 crpc envisages the courts in granting bail to the accused to the satisfaction of the court to ensure his availability during the trial.bail by io meant for the investigation period and for providing him before the court having jurisdiction.Surrender petition is unheard in Kerla

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