Legal Question in Criminal Law in India

submit an application at the time of bail of accused u/s 436(2)

the offence u/s 138 NI act, being a bailable one, accused used to protract the trial by applying exmption on hearing dated two or three times which ultimately resulted in cancellation of bail bond, when again he was arrested, he is given bail as it is a bailable offence.This way he protracts the case. Now I want to know whether at the time of his appearance in a case after his arrest/voluntarily, not being the hearing date, Question First Can the complainant move the application u/s 436(2) not to release accused on bail because he is simply trying to protract the trial? I want to know this because when the said application is presented to trial court, it refused even to take it on record saying today is not hearing date and complainant not to do anything in bail matter, as the matter is between court and accused. But in true sense, it is only the complainant who has to try his best to get accused arrested and only he is sufferer in a prolonged trial. Question second What is the remedy when even application is not entertained by trial court. Question Third Whether the said surety can give another bond on whose previous bond, accused is bailed and bond is forfeited?


Asked on 10/12/08, 8:31 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: submit an application at the time of bail of accused u/s 436(2)

you need to bring the same to notice of the court and ask the court to take sufficient surety or you may approach higher court.

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Answered on 10/19/08, 3:40 am
Shrichand Nahar S.V.Nahar, Advocate

Re: submit an application at the time of bail of accused u/s 436(2)

You need to approach superior court (either sessions court or high court).

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Answered on 10/13/08, 1:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: submit an application at the time of bail of accused u/s 436(2)

(a) You are entitled to interfere in bail issue; (c) the court may, if satisfied, accept surety from the same person.

(b) remedy : you may approach the High Court under Section 482 Cr. P.C seeking a direction for expeditious / time-bound decision of the case by trial court. It may be better if you could show the high court all the trial courts orders passed in the case till date, including bail cancellation and adjournments orders.

You may also seek, as an alternative, deposit of cheque amount by the accused in the court; or an injunction/attachment against some of his properties.

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Answered on 10/13/08, 7:12 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: submit an application at the time of bail of accused u/s 436(2)

in the present situation, u may request the court to take sufficient security depending upon the cheque amount. what is the amount mentioned in the cheque. if it is nominal, the court is right in being lenient.

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Answered on 10/13/08, 7:20 am


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