Section 492: Cancellation of bond and bail bond
Section 492 prescribes cancellation of bonds including bail bonds where a person does not comply with the terms of their release. This is a significant provision for the purpose of accountability of those persons who have been released on bail, particularly as regards attendance before the courts as required, and provides a legal consequence in case of default.
In case a bond or bail bond has been issued to secure a person's appearance in court and the said bond is forfeited as the person did not adhere to the requirements, then cancellation automatically occurs. This not only cancels the bond signed by the person but also the financial obligations or guarantees made by the sureties are forfeited. Both the personal bond and surety's bond are therefore nugatory and invalid.
The person would not be granted release on original bond when there is a failure to comply leading to cancellation of the bond except the police officer or the court holds that failure
-to comply was due to sufficient and valid reasons.
This provision helps individuals not to circumvent legal obligations following a breach and rely only on their bond for future release, thus upholding the importance of attending hearings in court.
The original bond could have been cancelled, but an individual may still be granted the possibility of release under new conditions.
The individual may, to this end, provide a new personal bond, in the sum considered reasonable by the police or the court.
Besides the personal bond, the individual has to give new sureties whose fitness is determined by the concerned authorities. With this procedure, the inmates can be restored with their freedom as long as they obey the directions of the concerned court or police.
It is an important tool in the maintenance of judicial integrity because it ensures that those who are granted bail do not get away with their crimes. The section provides for clear consequences for the violation of bail conditions, thus acting as a deterrent to those who would otherwise fail to appear in court or disregard the legal obligations associated with their release.
It also brings balance by allowing an individual to improve their condition for once under new and rightful conditions.
Example:
Kartik, accused of theft, is bailed out after he signs a bail bond as his friend Suresh acts as surety. Kartik is ordered to appear in court on a given date.
Kartik does not attend court on the date specified for his appearance, and there is no satisfactory reason given for such non-appearance.
The bail bond executed by Kartik and his surety Suresh is canceled, and both bonds are declared to be void. Kartik cannot be released on his own bond unless he gives a satisfactory explanation for his failure to appear in court. If Kartik wants to get released again, he has to execute a new personal bond and give additional sureties as demanded by the authorities.
