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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

In cases of forfeiture the person from whom such security was demanded, shall be required to furnish fresh security and on his failure, will be dealt with as if he had made a default in complying with the original order.

Cancellation of bond and bail bond:

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Without prejudice to the provisions of Section 446 where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition—

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and

(b) Thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its conditions:

Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient. (Section 446-A)

Procedure in case of insolvency or death of surety:

In case of death or insolvency of a surety the court may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order and, if such security is not furnished, the court may proceed as if there had been a default in complying with the original orders. (Section 447)

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