(3) The judge or magistrate referred to in subsection (1) may require to be added to the recognizance any condition which he may think necessary or advisable in the interests of justice as to— (a) the surrender by the accused of his passport; or (b) the times and place at which, and the persons to whom, the accused shall personally present himself; or (c) the places where the accused is forbidden to go; or (d) the prohibition against communication by the accused with witnesses for the prosecution; or (e) any other matter relating to the accused’s conduct. (4) The recognizance taken in respect of a prisoner mentioned in paragraph (b) of subsection (2) shall continue in force notwithstanding that for any reason, when the trial takes place, no verdict is then given, unless the indictment or charge is withdrawn. 119 Recognizance to be forfeited on failure of accused to appear at trial (1) If upon the day appointed for the hearing of a case it appears by the return of the proper officer or by other sufficient proof that a copy of the indictment and notice of trial or, in case of a remittal to a magistrates court, the summons or charge or, where the case has been adjourned in terms of subsection (2) of section 54 or subsection (1) of section 55 of the Magistrates Court Act [Chapter 7:10] or an order has been made in terms of subsection (5) of section three hundred and fifty-eight, the notice prescribed in the rules of court has been duly served and the accused does not appear after he has been called by name three times in or near the court premises, the prosecutor may apply to the court for a warrant for the arrest of the accused and may also move the court that the accused and his sureties, if any, be called upon their recognizance and, in default of his appearance, that the same may be then and there declared forfeited. (2) Any declaration of forfeiture in terms of subsection (1) shall have the effect of a judgment on t he recognizance for the amounts therein named against the accused and his sureties respectively. 120 Excessive bail not to be required (1) The amount of bail to be taken in any case shall be in the discretion of the judge or magistrate to whom the application to be admitted to bail is made: Provided that no person shall be required to give excessive bail. (2) Notwithstanding the proviso to subsection (1), if it is established that there is a possibility that the accused, if released on bail, will not stand his or her trial or appear to receive sentence, and that possibility, though short of a likelihood, is not too remote, a court shall not release the accused on bail unless it satisfies itself that the amount or the terms of the bail or both are reasonably sufficient to deter the accused from fleeing, given the factors referred to in section 117(3)(b). [Subsection inserted by section 11 of Act 9 of 2006.] 121 Appeals against decisions regarding bail (1) Subject to this section and to subsection (5) of section 44 of the High Court Act [Chapter 7:06], where a judge or magistrate has admitted or refused to admit a person to bail— (a) the Attorney-General or his representative, within seven days of the decision; or (b) the person concerned, at any time; may appeal against the admission or refusal or the amount fixed as bail or any conditions imposed in connection therewith. (2) An appeal in terms of subsection (1) against a decision of— (a) a judge of the High Court, shall be made to a judge of the Supreme Court; (b) a magistrate, shall be made to a judge of the High Court. (3) A decision by a judge or magistrate to admit a person to bail shall be suspended if, immediately after the decision, the judge or magistrate is notified that the Attorney-General or his representative wishes to appeal against the decision, and the decision shall thereupon be suspended and the person shall remain in custody until— (a) if the Attorney-General or his representative does not appeal in terms of subsection (1)— (i) he notifies the judge or magistrate that he has decided not to pursue the appeal; or (ii) the expiry of seven days; whichever is the sooner; or (b) if the Attorney-General or his representative appeals in terms of subsection (1), the appeal is determined. (4) An appeal in terms of subsection (1) by the person admitted to bail or refused admission to bail shall not suspend the decision appealed against. (5) A judge who hears an appeal in terms of this section may make such order relating to bail or any co ndition in connection therewith as he considers should have been made by the judge or magistrate whose decision is the subject of the appeal. (6) Subsections (2) to (6) of section one hundred and sixteen shall apply, mutatis mutandis, in relation to any appeal in terms of this section. (7) Any order made by a judge in terms of subsection (5) shall be deemed to be the order made in terms of the appropriate section of this Part by the judge or magistrate whose decision was the subject of the appeal.