Bail bond shall be forfeited in the event of accused committing breach of bond

Bombay High Court recently held that if the bail bond can be forfeited or not, would, in essence, depend on the conditions of the bond and the undertaking were given. The issue which was framed before Court by the prosecution was because forfeiture of the bail bond is illegal or not since the prosecution was sub-judice, and there was no conviction recorded as on the date of the forfeiture.

Petitioner-accused was directed to execute bond which was executed by him and undertaking given to pay Rs.50,000/- (Rupees Fifty Thousand) in the event of a breach of the undertakings. The petitioner undertook to (i) not to form a crime syndicate, (ii) not to possess much less use dangerous weapon/s or nor to abet the use thereof, (iii) not to commit any act towards the commission of an offence and not to indulge in illegal business.

Section 446 (6) of the Criminal Procedure Code cannot be read or understood as a mandate that the bond cannot be forfeited unless the prosecution ends in conviction. The said sub-section provides for a rule of evidence. All that is provided, is, that a certified copy of the judgment of the Court which records the conviction may be used as evidence in proceedings under Section 446 of the Code against the surety or sureties, and if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

Sub-section (6), which merely provides for a rule of evidence cannot be, by any stretch of the imagination, understood as providing that in the absence of conviction, the bond cannot be forfeited.

Appearing counsel/s - Mr. R.R. Dhawad, Mr. S.S. Doifode