For Bond what we need?
Kumar Krishan Agarwal Advocate
(Querist) 16 May 2011
This query is : Resolved
Dear Sir,
Q1. If the judge said to give bail to accused on Rs 30000/- with two sureties each then will the sureties belong to that city where the court situated or under court jurisdiction or the person of another city or outside city or court territorial jurisdiction will also give surety of the accused for his release.?
Q2. What are the things that the Judge require for accepting surety of a person for the accused release?
Like :- property papers , ID Card , voter ID card ?
M/s. Y-not legal services
(Expert) 16 May 2011
Dear author, the acceptence of the surety's are the satisfied of the concern judicial magistrate court.. Every bail order will be stated that very clearly.. Usually the worth of surety is decided by property's value only. But its should be immovable property.
M/s. Y-not legal services
(Expert) 16 May 2011
But without immovable property also any one can given surety.. For example some one of your friend is ready to release on bail by two suretys each one for ten thousand rupees, now one person having worth ful property, but you don't have a property even except you no one willing mean, you can put ten thousand rupees as a fixed deposit and by producing the FDR before concern magistrate mean surely court will accept your surety.. After that case, you can claim your fdr
adv. rajeev ( rajoo )
(Expert) 16 May 2011
It depends on the judge.One judge may release the accused on bail on property extract, Voter ID or bank pass book and photo of the surety.
We have a one judge who does not know anything, he used to insist for the original sale deed? How funny it is.
Guest
(Expert) 16 May 2011
the bail and bail bond are discretionary powers of magistrates/judges. It may be on own bond, cash security, single surety, two sureties, local, respectable person having property worth more than some amount(above 50,000/- or more or minimum Rs.5,000/-) may the sureties genuineness called for by courts(probation officers) before acceptance etc.
Arun Kumar Bhagat
(Expert) 16 May 2011
Acceptance of surety bond differs from state to state. In West Bengal, system of registered surety and local surety is prevalent. Registered surety are the persons who have got themselves registered with the particular court. Their financial powers are determined by their license or social standing or by production of purchase deed of immovable property. Generally the lawyers' clerks are admitted as registered surety.
Suhail suhail
(Expert) 16 May 2011
I am in total agreement with Adv.Mr.Rajeev,thanks for acknowledgement of the strange thing that a judge demands sale deed,perhaps it is a lawyer who assists court,but while granting bail it is the discretion of judge but that never means creating its own rules,it seems unfortunate not funny that a judge seeks original sale deed,it is where lawyers need to bring such things in the notice of judiciary by contributing towards reformation and simplification of justice delivery system,and the reason for going through the queries is not just to provide guidance but to exchange knowledge.
Guest
(Expert) 16 May 2011
Dear Kumar
It all depends upon the discretion of the judge to ask for local person for surety or he accepts bail from a person living outside the city or jurisdiction of the court, provided that person satisfies the judge about his bonafides and position.
About the type of surety, that depends upon the satisfaction of the judge with which type of surety he is satisfied, may be properrty papers, FD or Saving Certificates, Cash deposit, may be official ID card showing responsible official position of the person, any other document showing worth of the person, even a known corporator or businessman, balance sheet of a business and the person's relationship with the business.
Of course mere voter ID card would not satisfy judge as that merely gives residential address of a person, but that too can get changed in case of a tenant has already shifted from there or about a person having already sold the property but not got change in the voter ID card.
So, no hard and fast rule.
M/s. Y-not legal services
(Expert) 18 May 2011
.Dear rajoo sir, i am also saw some judges asking about sale deed. I think nothing wrong with that. Usually village administrative office will issue solvency for any one.. For urgency if we not able to produce any tax receipt or solvency mean we may producy our sale deed if any.
