Procedure in case of offender failing to observe conditions of bond.

—(1) If the court which

passes an order under section 4 in respect of an offender or any court which could have dealt with the

offender in respect of his original offence has reason to believe, on the report of a probation officer

or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered

into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his

sureties, if any, requiring him or them to attend before it at such time as may be specified in the
summons.

(2) The court before which an offender is so brought or appears may either remand him to custody

until the case is concluded or it may grant him bail, with or without surety, to appear on the date which
it

may fix for hearing.

(3) If the court, after hearing the case, is satisfied that the offender has failed to observe any of the

conditions of the bond or bonds entered into by him, it may forthwith—

(a) sentence him for the original offence; or

(b) where the failure is for the first time, then, without prejudice to the continuance in force of the

bond, impose upon him a penalty not exceeding fifty rupees.

(4) If a penalty imposed under clause (b) of sub-section (3) is not paid within such period as the court

may fix, the court may sentence the offender for the original offence

. Provision as to sureties.—The provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B

and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act.

Duties of probation officers.—A probation officer shall, subject to such conditions and

restrictions, as may be prescribed,—

(a) inquire, in accordance with any directions of a court, into the circumstances or home

surroundings of any person accused of an offence with a view to assist the court in determining the

most suitable method of dealing with him and submit reports to the court;

(b) supervise probationers and other persons placed under his supervision and, where necessary,

endeavour to find them suitable employment;

(d) advise and assist, in such cases and in such manner as may be prescribed, persons who have

been released under section 4; and

(e) perform such other duties as may be prescribed

Procedure of Trial of Warrant Case

Section 220-237 of the Criminal Procedure Code lays down the procedure for trial of warrant cases
before a Court of Sessions established on police report and

accordingly the procedure for trial is as follows: –

1).Trial to be conducted by the Public Prosecutor (Section 225): – Before a Court of Session, the
prosecution shall be conducted by the Public Prosecutor. The Public

Prosecutor represents the State in all the trials before the Court of Sessions.

2).Opening Case For Prosecution (Section 226): – When the accused commits an offence under Section
209, and the accused is brought before the Court, the Prosecutor

shall open his case by explaining the charge against the accused and states the evidence he proposes to
prove the guilt of accused. It is not necessary to include the

full documents of evidence to present before the Court of Sessions during the opening of prosecution.
The Prosecutor is required to address the witnesses of the case

and whom he proposes to call.

3).Discharge (Section 227): – The Court, after consideration of the records of the case and the
documents submitted, and hearing the prosecution and the accused, if

the judge considers that there is no sufficient ground for proceeding against the accused, he shall
discharge the accused under Section 227. And it is necessary to

record the reasons for discharging of accused.

4).Framing Of Charge (Section 228): – The Court, after considering the record of cases and documents as
evidence and hearing the prosecution and the accused, if it is

found that the accused has committed the offence, and exclusively triable in Court of Session, he will
frame the charge against the accused. If the case is not

exclusively triable in Court of Session, the judge may frame the charge and transfer the case to Chief
Judicial Magistrate or any other Judicial Magistrate of First

Class.

5).Conviction on Plea of Guilty (Section 229): – Under this section, the Court can accept the plea of the
accused and he also ensures that the plea of the accused is
made by himself, not under any influence. The judge after recording the plea may in his discretion
convict the accused.

6).Date for Prosecution Evidence and Evidence for Prosecution: – Under Section 230 and 231
respectively, If the accused refused to plead guilty or does not plead, or

claim to be tried then the Judge may issue any process for compelling the production of any document
or for the attendance of the witness or other thing. The judge

shall proceed to take all the evidence produced by the Prosecution.

7).Acquittal (Section 232): – If there is no evidence against the accused then the judge can order
acquittal under Section 232 or the evidence submitted by the

prosecution against the accused, if the court found it as groundless then a judge can order an acquittal.

8).Defence (Section 233): – If the accused is not acquitted the steps for defence may starts and he shall
be entered on his defence to produce the evidence in his

support. The evidence produced by the defence in written form will be filed by the Judge as a record.

9).Judgement Of Acquittal or Conviction (Section 234): – After hearing the arguments (Section 234 CrPC),
the judge will decide the case. The judgement of acquittal or

conviction is only after the hearing of both the prosecution and the defence. Section 236 of CrPc states
that, if the accused is convicted previously under Section

211(7) and if the accused not admitting the previous conviction, then the judge may call for the evidence
of the previous charge.