RAM LAL versus STATE OF U.P.
Section 499(1) Cr.P.C. does not require that the forfeiture of the surety bond be contingent upon the execution or forfeiture of a personal bond by the accused. The bonds executed by the surety are independent and separately enforceable, even if no personal bond was taken from the accused.
Source-derived case information.
- Parties
- Appellant: Ram Lal; Respondent: State of U.P.
- Jurisdiction
- India
- Judgment Date
- 05 March 1979
- Procedural Posture
- Criminal Appeal / Appeal From Order of Forfeiture Confirmed by Allahabad High Court
- Outcome
- Appeal dismissed.
- Legal Topics
- Bail Bonds, Surety Liability, Forfeiture of Bonds
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ram Lal
Appellant
State of U.P.
Respondent
Procedural Posture
Criminal Appeal / Appeal From Order of Forfeiture Confirmed by Allahabad High Court
Legal Issues
- 1 Whether the execution of a personal bond by an accused is a condition precedent to the forfeiture of the bond executed by the surety
- 2 Whether the surety bond is independent of the personal bond executed by the accused
Ratio Decidendi
Section 499(1) Cr.P.C. does not require that the forfeiture of the surety bond be contingent upon the execution or forfeiture of a personal bond by the accused. The bonds executed by the surety are independent and separately enforceable, even if no personal bond was taken from the accused.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
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