Bail and surety
Asakho Chachei
(Querist) 16 January 2013
This query is : Resolved
A friend of mind was convicted for murder and he was lodged in Tihar Jail since 2008. The case was appealed in Delhi High Court and his bail order is been given 2-3 days back. Now he needs a surety for his bail. His family has approached me to do surety for his bail. What are the risk factors for me in case he did not turn up as per Court directives when his bail period of 3 months is over. Would the liability of him not turning up be upon me even after paying the surety amount. I am skeptical to do it because I am working in Central Govt. Services and i don't want this surety thing to affect my service if he did not turn up later. Please advice. Thank you
ajay sethi
(Expert) 16 January 2013
Section 499(1) of the Cr. P.C., contemplated the execution of a bond by by the sureties,to secure the attendance of the accused in court . in the event accused jumps bail bond would be forfeited . if you are apprehensive and nopt sure whether your friend will attend court ddont give surety
Adv Vikramsinh Mohite
(Expert) 16 January 2013
Can I know exact meaning of bail bonds? Is there any further liability even after forfeiture of bail bonds.?
Adv.R.P.Chugh
(Expert) 16 January 2013
Bond is a promise that the accused himself or surety gives to the court to ensure appearance.
Surety is the person.
Security is the amount.
In case of accused not turning up - You'd have to pay the amount stated in the bond. You should give bond only if you can ensure his appearance
R.K Nanda
(Expert) 16 January 2013
no more to add.
Asakho Chachei
(Querist) 18 January 2013
His lawyer said, I, as the surety would pay 50000 if the convict-my friend didn't turn up after 3 months. His parents are ready to deposit 50000 in my bank account if at all he didn't turn up. He may turn up after his bail period. my question is if he didn't turn up after his bail period of 3 months, then i have to pay the court for an amount of 50000. If i paid that amount then my relation with the case is over or would i be summon or take actions against me by the court. Kindly advise....
Raj Kumar Makkad
(Expert) 18 January 2013
You have just to deposit that amount and if the accused do not turn up then your deposited amount can be got forfeited but you shall not face any other problem.
Adv Vikramsinh Mohite
(Expert) 18 January 2013
Dear Experts,
If no person is ready be surety for the accused, how the accused will comply with bail?
prabhakar singh
(Expert) 18 January 2013
By depositing the cash amount in court or by depositing an FD of the amount duly pledged in favor of the magistrate granted the bail.
V R SHROFF
(Expert) 18 January 2013
NOTHING TO ADD.
Adv Vikramsinh Mohite
(Expert) 18 January 2013
Hon'ble Experts,
Can the accused use his own immovable property for securing bail and how?
Raj Kumar Makkad
(Expert) 19 January 2013
He can also do this subject to getting its valuation from Tehsildar.
prabhakar singh
(Expert) 19 January 2013
Most welcome you are.But in case of giving immovable as security for bail amount registration expenditure would also get attracted.
Asakho Chachei
(Querist) 22 January 2013
Thank you kind Sirs for your valuable contributions. Much obliged
