Code:
(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.
Explanation:
If a person is released on bail and the surety for their bond expires, the court can order them to provide new security for the remaining period of the bond. This is done to ensure the continued presence of the person in court and to prevent them from absconding.
Illustration:
Suppose a person is released on bail for six months and the surety bond is provided by a friend. However, the friend dies three months after the bond was granted. In this case, the court can invoke Section 124 of CrPC and order the accused to provide a new surety bond for the remaining three months of the bail period.
Common Questions and Answers:
Q: What happens if the accused fails to provide new security?
A: The court can revoke the bail and order the accused to be taken into custody.
Q: Can the court extend the bail period beyond the original duration even if the accused has provided new security?
A: No, the court cannot extend the bail period beyond the original duration solely because the accused provided new security. The court can only extend the bail period if there are justifiable reasons for doing so.
Q: Is there a time limit for the accused to provide new security?
A: The court will set a reasonable time limit for the accused to provide new security. If the accused fails to provide security within that time, the court can take appropriate action.
