Jan 22, 2018
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Section 123 : Power to release persons failing to give security

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Section 123 : Power to release persons failing to give security

1.  Any person imprisoned for failing to give security may released without hazard to the community or to any other person. The District or also Chief Judicial Magistrate may release such person when  order passed by  Executive Magistrate or any other case.

2. Whenever any person has imprisoned for failing to give security. the High Court or Court of Session, where the order made by any other Court, may make order for reducing the amount of the security or the number of sureties or the time for which security has required.  In the same manner 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, may make an order reducing the amount of the security or the number of sureties or the time for which security has required.

3. An order may direct the discharge of such person either with conditions or without conditions which accepted by such person. Provided that as soon as the order to give security expires, the condition shall cease to be operative. The State Government may prescribe the conditions upon which a conditional discharge may ordered.

4. If  any person discharged on any condition, if not fulfilled, the Magistrate may also cancel the same. The following Magistrate can cancel :

  1. the District Magistrate, in the case of an order passed by an Executive Magistrate under section 117.
  2. the Chief Judicial Magistrate in any other case.

5. When a conditional order of discharge has cancelled. The police can arrest such person without warrant. Such person shall also presented before :

  1. the District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or
  2. the Chief Judicial Magistrate in any other case.

6. Unless person gives security according to the original order for the unexpired portion of the term for which he was ordered detention. The Magistrate may remand such person to prison to undergo such unexpired portion.(such period equal to the period between the date of the breach of the conditions and the date on which he would have entitled to release). The Magistrate includes :

  1. District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or
  2. the Chief Judicial Magistrate in any other case.

7. A person remanded to prison shall, subject to the provisions of section 122, released at any time on giving security according to original order. It shall given for the unexpired portion aforesaid to the Court or Magistrate by whom such order passed.

8. The High Court or Court of Sessions may at any time order cancel any bond for keeping the peace or for good behaviour executed. Such order shall also have a sufficient reasons and shall also recorded in writing. The

  1. district Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or
  2. also the Chief Judicial Magistrate in any other case

may make such cancellation where such bond executed under his order or also under the order of any other Court in his district.

9. 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 also 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 bound to appear or to be brought before it.

Article Categories:
Criminal law

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