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    2014 SCMR 1762

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    The Supreme Court formulated five principles regarding furnishing a bond under Section 91 of the Criminal Procedure Code when an accused has been summoned by the Trial Court under Section 204 to face trial in connection with a private complaint. The principles state that (1) issuance of summons does not amount to arrest or give apprehension of arrest to apply for pre-arrest bail, (2) the court's opinion of grounds for proceeding is different than grounds for believing guilt, (3) if summoned the court may require a bond to ensure future appearance, (4) failure to furnish a bond may result in commitment to custody, and (5) if a warrant is issued pre-arrest bail can be applied for but the court may

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    2014 SCMR 1762

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    The Supreme Court formulated five principles regarding furnishing a bond under Section 91 of the Criminal Procedure Code when an accused has been summoned by the Trial Court under Section 204 to face trial in connection with a private complaint. The principles state that (1) issuance of summons does not amount to arrest or give apprehension of arrest to apply for pre-arrest bail, (2) the court's opinion of grounds for proceeding is different than grounds for believing guilt, (3) if summoned the court may require a bond to ensure future appearance, (4) failure to furnish a bond may result in commitment to custody, and (5) if a warrant is issued pre-arrest bail can be applied for but the court may

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    The Supreme Court formulated five principles regarding furnishing a bond under Section 91 of the Criminal Procedure Code when an accused has been summoned by the Trial Court under Section 204 to face trial in connection with a private complaint. The principles state that (1) issuance of summons does not amount to arrest or give apprehension of arrest to apply for pre-arrest bail, (2) the court's opinion of grounds for proceeding is different than grounds for believing guilt, (3) if summoned the court may require a bond to ensure future appearance, (4) failure to furnish a bond may result in commitment to custody, and (5) if a warrant is issued pre-arrest bail can be applied for but the court may

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    21 views1 page

    2014 SCMR 1762

    Uploaded by

    Prep For CSS
    The Supreme Court formulated five principles regarding furnishing a bond under Section 91 of the Criminal Procedure Code when an accused has been summoned by the Trial Court under Section 204 to face trial in connection with a private complaint. The principles state that (1) issuance of summons does not amount to arrest or give apprehension of arrest to apply for pre-arrest bail, (2) the court's opinion of grounds for proceeding is different than grounds for believing guilt, (3) if summoned the court may require a bond to ensure future appearance, (4) failure to furnish a bond may result in commitment to custody, and (5) if a warrant is issued pre-arrest bail can be applied for but the court may

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    2014 SCMR 1762

    Criminal Procedure Code (V of 1898)-------Ss. 91, 204, 496, 497 & 498---Private complaint---
    Summoning of accused by Trial Court to face trial---Ensuring future appearance before court---
    Requirement---Court may require accused to furnish a bond with or without sureties---Applying for
    pre-arrest bail not relevant---Principles.

    Supreme Court formulated the following principles in relation to furnishing a bond under section
    91, Cr.P.C, when an accused had been summoned by the Trial Court under section 204, Cr.P.C. to
    face trial in connection with a private complaint:

    (i) Issuance of process by a court through summons for appearance of an accused person before the
    court neither amounted to arrest of the accused person nor it could ipso facto give rise to an
    apprehension of arrest on his part and, thus, such accused person could not apply for pre-arrest
    bail.

    (ii) A process was issued to an accused person under section 204, Cr.P.C. when the court taking
    cognizance of the offence was of the "opinion" that there was "sufficient ground" for "proceeding"
    against the accused person. Opinion of a court about availability of sufficient ground for proceeding
    against an accused person could not be equated with appearance of "reasonable grounds" to the
    court for "believing" that he "has been guilty" of an offence within the contemplation of section
    497(1), Cr.P.C. Due to such differences in the words used in section 204 and section 497, Cr.P.C. the
    intent of the legislature became apparent that the provisions of section 91, Cr.P.C. and section 497,
    Cr.P.C. were meant to cater for different situations.

    (iii) If the court issuing process against an accused person decided to issue summons for appearance
    of the accused before it then the intention of the court was not to put the accused person under
    any restraint at that stage. If the accused person appeared before the court in response to the
    summons issued for his appearance, then the court may require him to execute a bond, with or
    without sureties, so as to ensure his future appearance before the court as and when required.

    (iv) If in response to the summons issued for his appearance the accused person appeared before
    the court but failed to submit the requisite bond for his future appearance to the satisfaction of the
    court or to provide the required sureties then the accused person may be committed by the court
    to custody till he submitted the requisite bond or provided the required sureties.

    (v) If the process issued by a court against an accused person under section 204, Cr.P.C. was
    through a warrant, bailable or non-bailable, then the accused person may be under some kind or
    form of restraint and, therefore, he may apply for his pre-arrest bail if he so choose which may or
    may not be granted by the court depending upon the circumstances of the case, but even in such a
    case upon appearance of the accused person before the court he may, in the discretion of the
    court, be required by the court to execute a bond for his future appearance, with or without
    sureties, obviating the requirement of bail.

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