A2 and A3 shall execute a self bond of 25k each with two sureties each for like sum to the satisfaction of learned magistrate concerned. The bond to be obtained is not only to appear before the court pending investigation and after filing of final report in the form of charge sheet or like for enquiry/trial before said court, but also thereafter before any other court and even after trial before such court to appear before revisional or appellate court or other superior court vide decision pre legal aid committee, Jamshedpur vs state of delji 1982[2[ aplj] 43[sc]; so that existence and enforceable without even insisting their further presence, such recourse quickens the proceedings at other stages before the court or other court without loss of time and also same extent complies with 437A crpc.
Petitioners A2 and A3 shall attend before the court of law regularly in enquiry and trial witout fail, if not their bail shall be cancelled forthwith without any further order so that, learned trial magistrate can also issue nbw by canceling the bail from the power under section 439(2) crpc. Delegated to the trial magistrate by this order during pendency of proceedings before court.
The bail now granted is since a anticipatory one, till end of trial (without prejudice to the right to cancel, meanwhile in case of need or noncompliance of conditions supra) any absence of petitioners as accused 2 and 3 for hearing enquiry trial issuance of nbw and even its execution and production of accused as per the nbw; that doesn’t tantamount to cancellation of bail including the wording of section 439(2) as such in event of no fresh bail application can be entertained. As it tantamount to only cancellation of bail bonds earlier executed. Leave about the court to issue surety notices by forfeiting bonds and for imposing penalty on bonds the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per section 441 to 446 and submit fresh solvency with self bond for enlarging them by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.
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Dear experts,
1) A2 and A3 has to attend the court every hearing.
2) Police filed sections 420 and 509, i guess just because in complaint it is mentioned 'deceivingly a2 and a3 are not allowing a1 to marry'. I am sure A2 and A3 can be out of this, but when do court recognizes this and take them out of case. Do we need to specifically apply for quashing in high court only for a2 and a3?
3) A1 is not in india, I am sure this question has no straight forward answer. After seeing all the above conditions, i was just wondering if A1 should apply for AB. If yes and if he gets a bail does he have to fly back to india and then submit the passport and be there for ever or can his counsel can represent him for all the hearings.
Thanks,
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