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ABDUL SATTAR versus STATE

Section 514 Prohibited (Enforcement) Order (4 of 1979), Arts 3/4 Guarantee Bond forfeiture applicant stands on bail bail for the accused and the accused executing a guarantee bond of Rs. After hearing that I failed to appear in court, the trial court issued notice to the applicant / definitely under section 141414, CR PC, but before the notice served, the applicant / guarantor died, guaranteed. The widow appeared before the court saying that her husband had died and she was a poor woman and requested to submit the bond money to the court through her deceased husband, but The trial court did not agree to the widow's submission, and under the amount of half the bail bond, the fine amounted to Rs. To be done - the random order passed by the trial court was not lasting on two grounds. First, the order to seize the bail was approved when the bail bond was no longer alive and, likewise, section 514 (6), was adopted in contravention of the CR PC. Secondly, bail can be imposed only after it has been proved that the absence of the accused from the court was intentional and was not beyond the control of the accused. In the present case, this has come on record. The suspect was taken to U of A. He was detained there and could not appear in court because the absence of the accused is out of his control, no penalty could be imposed on the applicants / bail, even in this case. best law firms from Kashmir lawyer