Section 123 of CRPC "Power to release persons
imprisoned for failing to give security"
(1)
Whenever 1[the District Magistrate in the case of an order passed by an
Executive Magistrate under section 117, or the Chief Judicial Magistrate in
any other case] is of opinion that any person imprisoned for failing to give
security under this Chapter may be released without hazard to the community
or to any other person, he may order such person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, 2 [District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
(3) An order under sub-section (1) may direct the discharge of such
person either without conditions or upon any conditions which such person
accepts:
Provided that any condition imposed shall cease to be operative when the
period for which such person was ordered to give security has expired.
(4) The State Government may prescribe the conditions upon which a conditional discharge may be made.
(5) If any condition upon which any person has been discharged is, in the opinion of 2 [District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.
6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the 2 [District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case].
(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), 2 [District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may remand such person to prison to undergo such unexpired portion.
(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and 3 [District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or under the order of any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bond appear or to be brought before it.
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1. Subs. by Act 45 of 1978, s. 12, for the "Chief Judicial Magistrate" (w.e.f. 18-12-1978).
2. Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate" (w.e.f. 18-12-1978).
Section 124 of CRPC "Security for unexpired period of
bond"
(1) When a person for whose appearance a summons or warrant has
been issued under the proviso to sub-section (3) of section 121
or under sub-section (10) of section 123, appears or is brought
before the Magistrate or Court, the Magistrate or Court shall
cancel the bond executed by such person and shall order such
person to give, for the unexpired portion of the term of such
bond, fresh security of the same description as the original
security.
(2) Every such order shall, for the purposes of sections 120 to
123 (both inclusive), be deemed to be an order made under
section 106 or section 117, as the case may be.