138 ni-summons case-bail bonds or surety bonds-mandatory or imperative?

Tilak Marg Forum for Legal Questions › Forums › Criminal Law › 138 ni-summons case-bail bonds or surety bonds-mandatory or imperative?

Tagged: , ,

Viewing 0 reply threads
  • Author
    Posts
    • March 8, 2018 at 12:14 am #4131
      Dr. Ashok Dhamija
      Advocate

      The offence of cheque bounce under Section 138 of the Negotiable Instruments Act is a bailable offence. In view of this, considering the provisions of Section 436 of the Criminal Procedure Code, it is permissible for the Magistrate to release the accused only on a personal bond. It is not mandatory to always insist for the bail bond of sureties. Language of Section 436 Cr.P.C. itself clear in this regard, and there should be no need for any judgment in this regard.

           

      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

  • Author
    Posts
Viewing 0 reply threads
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

Circumstances change in a bail order
BAIL AFTER UPHOLDING VERDICT OF TRIAL COURT BY HC
What documents can be procured from court for applying a bail?
Cancellation of Bail by Sessions Court when bail was granted by High Court