Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail by High Court - Grant of - Considering the nature and gravity of accusations, subsequent death of victim, completion of investigation and submission of charge sheet, petitioners are admitted to bail without expressing any view on merits on conditions of furnishing bond of Rs 25,000 each with one solvent surety..........
Succession Act, 1925, Section 375 -- Succession certificate - Condition of security/surety/indemnity bond cannot be mechanically insisted upon especially where beneficiary is sole beneficiary or in other suitable cases, if beneficiary is a natural heir of deceased and there are no objections by other claimants...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 485 -- Surety bond - Petitioner was set at liberty by co-ordinate Bench imposing condition to furnish surety within 15 days from his release - Merely because it is offered on 15th day, does not mean that he would not be entitled to benefit of order of Co-ordinate Bench - Petitioner released from prison with all conditions..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Security/surety bond furnished stands as substitute for attachment - Purpose of such security is to ensure satisfaction of decree in the event suit is ultimately decreed - Merely because suit has been decreed does not render security bond otiose or unenforceable - What comes to an..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Civil Procedure Code, 1908, Section 145 -- Surety - S.145 CPC specifically empowers Executing Court to execute decree against a person who has become liable as a surety for performance of decree - For this purpose, such surety is deemed to be a party to proceedings and execution can be levied against him to the extent of his liability under bond...........
Stamp Act, 1899, Article 40, 57 -- Stamp duty - Mortgage deed - Deed was not executed by a surety but by principal debtor/appellant/company through its director - Company itself mortgaged properties and not the director in his individual capacity - In absence of any surety to attract Art.57 of the Act, deed executed by appellant cannot be termed as a security bond - It..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is registered owner of vehicle which is lying in possession of police since long - Condition of vehicle must be deteriorating - Vehicle released in favour of petitioner on superdaginama/surety bond...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - No allegation of connivance between appellant and accused nor that he had instigated or helped accused in any manner, not to appear - Appellant being poor person and penalty of Rs.50,000 was on higher side - Amount of penalty reduced from Rs.50,000 to Rs.10,000...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal with condition to deposit Rs.1 lakhs - Appeal is not likely to be decided in near future - Appellant had undergone custody of two years, seven months and two days - Imposition of condition to deposit Rs.1 lakhs as condition for release would defeat the suspension, as..........
