Unless such person then gives security in accordance with the terms of the original order for the
unexpired portion of the term for which he was in the first instance committed or ordered to be
detained (such portion being deemed to be a period equal to the period between the date of the
breach of the conditions of discharge and the date on which, except for such conditional discharge,
he would have been entitled to release), the 1[Sessions Judge] 2* * * may remand such person to
prison to undergo such unexpired portion.
A person remanded to prison under this subsection shall, subject to the provisions of section
122, be released at any time on giving security in accordance with the terms of the original order
for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to
its or his successor.]
3125. Power of District Magistrate to cancel any bond for keeping the peace or good
behaviour. The 4* * * 1[Sessions Judge] may at any time, for sufficient reasons to be recorded in
writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter
by order of any Court in his district not superior to his Court.
3126. Discharge of sureties.__(1) Any surety for the peaceable conduct or good behaviour of
another person may at any time apply to a 5* * *,[concerned Magistrate of the first class] to
cancel any bond executed under this Chapter within the local limits of his jurisdiction.
(2) On such application being made, the Magistrate shall issue his summons or warrant, as he
thinks fit, requiring the person for whom such surety is bound to appear or to be brought before
him.
6[126A.] Security for unexpired period of bond. 7[When a person for whose appearance a
warrant or summons has been issued under the proviso to subsection (3) of section 122 or under
section 126, subsection (2), appears or is brought before him, the Magistrate 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. Every such order shall,
for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section
106 or section 118, as the case may be.
1 Subs. by ord. 37 of 2001, s. 3436 (w.e.f. 1482001).
2 The words "or Chief Presidency Magistrate" omitted by A.O., 1949, Sch.
3 Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, 1873 (7 of 1873).
4 The words “Chief Presidency or” omitted by A.O., 1949, Sch.
5 The words “Presidency Magistrate” omitted, ibid.
6 SubSection (3) of s. 126 renumbered as s. 126A by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 23.
7 Subs. ibid., for “when such person appears or is brought before the Magistrate, such Magistrate shall cancel the bond”.
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