Published Mar 09, 2023 | 2:25 PM ⚊ Updated Mar 09, 2023 | 3:11 PM
Telangana Chief Minister K Chandrashekar Rao, and Telangana Governor Tamilisai Soundararajan with President Droupadi Murmu. (TelanganaCMO/Twitter)
After about two-and-a-half years, the Bill passed by the Telangana Assembly, making the guarantor of bail responsible for bringing the accused in grave cases to court for trial, has become an Act.
The Assembly passed the Bill on 13 October, 2020, amending Section 441 of the CrPC Act of 1973 and form No 45 to make the “zameendar”, or the guarantor of the bail, responsible for ensuring that the accused in a grave cases turn up at the court for the hearing on the specified date.
President Droupadi Murmu has given her assent to the bill recently, which provides for the imposition of a fine on the guarantors if they fail to produce the accused in court.
The Bill — The code of Criminal Procedure (Telangana Amendment) Bill, 2020 — was brought in after a state-level judicial officers’ conference made a suggestion to this effect in 2016.
The conference was organised in Hyderabad by the then common High Court for Andhra Pradesh and Telangana where, during the deliberations, the suggestion for the amendment of the Criminal Procedure Bill came up.
A committee of judges constituted in this regard came up with the suggestion to amend Section 441 and form 45 of the Code of Criminal procedure, 1973.
The amendments were considered and approved by the full court of judges. As recommended by the high court, the government brought in the bill.
Law Minister A Indrakaran Reddy said at the time of the introduction of the Bill that the amendment would check the practice of the accused absconding from the hearings of the case, after getting bail
He said that the Bill had proposed to impose fines on guarantors who offer sureties but take no responsibility
The government said it had incorporated a para in the Act while moving the bill, which read: “….for the imposition of a fine not exceeding the amount prescribed in the surety bond, in case the surety fails to produce the accused on the date fixed by the court in grave or serious offences.”
Another paragraph also was included, which read: “…shall pay the fine imposed by the court in case I (guarantor) fail to produce the accused on the date fixed by the court.”
Earlier, on 2 March, the Telangana government, represented by Chief Secretary A Santhi Kumari, filed a special leave petition in the Supreme Court seeking a direction to the Governor to give assent to the 10 bills pending with her.
