Note that a new Section 437-A has been inserted in the Criminal Procedure Code in the year 2009 (with effect from 31.12.2009) which mandates that the trial court, before conclusion of the trial, to require the accused to execute fresh bail bonds with sureties, to appear before the higher court as and when such higher would issue notice in any appeal to be filed against its judgment. This applies even to an acquittal by the trial court. This section is reproduced below for your information:
“437-A. Bail to require accused to appear before next appellate Court.—(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.
(2) If such accused fails to appear, the bond stand forfeited and the procedure under Section 446 shall apply.”
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.
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