Claiming surety deposit from court after acquittal
Querist :
Anonymous
(Querist) 10 June 2020
This query is : Resolved
Sir(s)
Myself and my father were falsely implicated in criminal case relating to our property in a alleged compromise deed. We executed two bonds with two sureties each for Bail. Myself and father contested in trial. During the pendency of the trial my father died and case for abated for my father. I continued and contested the case in trial court I was acquitted by the court. The persons who stood for sureties, one person is dead er person is not interested to cooperate to come to court. I want to claim the surety amount deposited in the court as I am acquitted of charges. What application i have to file in the court when both sureties are not available to get the suerty amount. Whether I have to engage a lawyer to get the surety deposit ba\ck
Please do let me know the procedure.
Thanking you
M.Satyanarayana
P. Venu
(Expert) 11 June 2020
Generally, courts only require execution of surety bonds, no deposit of cash, while granting bail. The bonds stand discharged on the conclusion of the trail.
Raj Kumar Makkad
(Expert) 11 June 2020
You need to engage a lawyer for the purpose of the proper identification. An application is required to be moved to release the deposited amount which on verification and proper identification shall be got released in your favour if the same was got deposited by you.
Dr J C Vashista
(Expert) 12 June 2020
How much amount has been deposited by your surety ?
How did the amount ie., by way of cash, demand draft, fixed deposit, share certificate has been deposited by the surety ?
Whether you have given cash to your surety for depositing in the Court ?
Generally any amount is not accepted by any court for acceptance of bail bond, accordingly your statement is misconceived, which require to be re-verified.
Raj Kumar Makkad
(Expert) 12 June 2020
The amount shall be refunded only to the person or his legal heirs in whose name the same stands deposited irrespective of the fact, who actually made the payment.
Rajendra K Goyal
(Expert) 13 June 2020
Querist need to provide the information sought by the expert Dr. J.C. Vashishta ji.
The refund would be effected only to the concerned person who deposited or his legal heirs if the person has expired .
You can withdraw the amount deposited by you.
