Question
Download Solution PDFUnder the Chhattisgarh Excise Act, what happens to a bond executed under Section 36D if the conviction is set aside on appeal?
Answer (Detailed Solution Below)
Option 3 : The bond becomes void
Detailed Solution
Download Solution PDFThe correct answer is Option 3
Key Points
- Under the Chhattisgarh Excise Act:
- Section 36D deals with the execution of bonds to ensure compliance with excise laws.
- If a person is convicted under the Act and has executed a bond under Section 36D, certain legal obligations are imposed on them.
- However, as per Section 36D(3), if the conviction is set aside on appeal, the bond automatically becomes void.
- This provision ensures that individuals are not unfairly bound by legal obligations if their conviction is overturned.
- The bond remains valid:
- This option is incorrect because the bond does not remain in force once the conviction is overturned. Section 36D(3) specifically states that the bond becomes void.
- The bond is transferred to another case:
- This option is incorrect because there is no provision under Section 36D for transferring the bond to another case. The bond is specific to the original case and conviction.
- The bond is reduced in value:
- This option is incorrect because the law does not provide for a reduction in the value of the bond upon an overturned conviction. The bond becomes void entirely.