Legal Question in Criminal Law in India
tice u/s 446 to surety after conviction
An accused u/s 138 was convicted with the fine of Rs. 10000/- and in default six months imprisonment at the stage of appeal by ADJ Court. About two years have lapsed, he was not yet arrested due to non traceable.Whether a notice u/s 446 may be got issued to his surety ?
4 Answers from Attorneys
Re: tice u/s 446 to surety after conviction
Yes.
Re: tice u/s 446 to surety after conviction
Generally in appelate jurisdiction it is in practice that if the appelate court found the accused is guilty and confirm the judgement and order passed by learned court below in that condition the court is already direct the learned court below to canceel the bail bond of the accused.so in my view there is no need to take another action for reddresal of this grievance.
Re: tice u/s 446 to surety after conviction
yes, a notice to the surety can be issued.
Re: tice u/s 446 to surety after conviction
yes, you can issue the notice.
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