Accuse is acquitted court has asked for another surety for 6 months-are there any options available
sweety f
(Querist) 25 May 2014
This query is : Resolved
Although I was acquitted, the learned court has asked for a surety for another six months, while the earlier bail has been cancelled. Can I request the court to accept a personal or cash surety.How far it is right for the court to ask for another surey once the accuse is acquitted. can v challenge it.If, then where. Pls advice
Adv Archana Deshmukh
(Expert) 25 May 2014
The court is can ask for such surety in cases where the accused is acquitted as per the provision u/s. 437-A of crpc.
Advocate. Arunagiri
(Expert) 25 May 2014
As per the amendment in Cr.p.c. court can impose condition as per s.437A cr,p.c.
ROHIT SHARMA
(Expert) 25 May 2014
1. I think the court should not have asked for such further six months surety from you if your are acquitted. It is only when - had you been convicted and if you had wanted to go in for appeal then the court would have asked you to give surety u/s 437-A of Cr.P.C. to get a bail.
2. It could be that the Prosecution may have gone in appeal and that is why though you have been acquitted the court still wants to ensure that you will appear whenever the court requires you to attend the court following the consequences of the appeal made by the Prosecution before the higher court. This is not a bail but a bond that you will appear before the court in future if need be for such purpose of further need of convicting you arises in case the higher courts quash the acquittal order of the trial court.
3. If need be contact this lawyer.
Rajendra K Goyal
(Expert) 25 May 2014
All the documents, case file and specifically the order has to be referred, consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
Agreed with the advise of expert Mr Rohit Sharma on the subject issue, you may either consult a local lawyer and proceed or comply with the court order.
