Court/city to furnish bail bonds in, after trial transferred
Querist :
Anonymous
(Querist) 02 October 2023
This query is : Resolved
Hi,
The trial in a criminal case was transferred to another city. Now the appeal against conviction is pending before the High Court.
However, bail was granted, with bonds to be furnished before the concerned court of CJM.
• Where should the bail bonds be furnished, the court in the city where the case or FIR originated, or where the trial was later shifted to? Kindly provide citations also. Thank you.
Sorry for being anonymous, but it is important.
T. Kalaiselvan, Advocate
(Expert) 02 October 2023
You may have to furnish bail bonds in the trial court only and not in the court from which this case was transferred.
Querist :
Anonymous
(Querist) 02 October 2023
Okay, the trial court was Sessions Court, while the bail bonds have to be furnished before the concerned court of Chief Judicial Magistrate.
Trial court and court for furnishing the bonds are different in this case.
• So, now in which city do we furnish the bail bonds, in this case?
T. Kalaiselvan, Advocate
(Expert) 02 October 2023
You have to file the bail bond before the court which has passed the conviction judgement against which you have preferred this appeal.
Pradipta Nath
(Expert) 03 October 2023
Order copy of the bail that has been granted by the court has to be referred with.
Querist :
Anonymous
(Querist) 15 October 2023
We were able to furnish the bail bonds in the court of Chief Judicial Magistrate, located in the city where the FIR was registered and the case originated.
It was mentioned in the order, wherein bail was granted, that the concerned court of CJM is where bail bonds should be furnished, which was different than the trial court, being the Sessions Court.
We did not have to go to the court of Chief Judicial Magistrate located in the city where the trial was transferred to.
