Cancellation of bail
S.D. Singh
(Querist) 17 March 2014
This query is : Resolved
I filed an FIR u/s 406/420 for non-payment of deposited amount by builder. But at Bail time, accused stated that they are ready to return the money and the court granted the bail on this ground. The police filed charge sheet. But builder neither returned any amount not given any such proposal to return the money either to complainant or to the court. What remedies available to recover the amount on the basis of commitment made by accused builder before court. whether such commitment is binding. whether we can approach court compel builder to fulfill his commitment made in the court or to cancel the bail.
Devajyoti Barman
(Expert) 18 March 2014
The court can not force him to give money.
Yes, see the bail condition. If nothing is there then filing money suit is only option left.
Rajendra K Goyal
(Expert) 18 March 2014
Bail orders need to be seen. if nothing mentioned and no condition of bail violated, suit for recovery need to be filed.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
If what you state is true then the bail order would contain your statement, if not you cannot do anything other than fight out the case.