Bail from session court.
sanjay
(Querist) 18 July 2015
This query is : Resolved
Respected Sir,
I have a case u/s 498a in rohtak court,lower court has acquitted us and now the other party has filed appeal in the session court,rohatk.now i have to take bail again from the sessions court.i dont know any local person from rohtak and nor my counsel is able to arrange a local person for surity.What are the other provisions of giving surity to the sessions court?Kindly advice.
M/s. Y-not legal services
(Expert) 18 July 2015
sir, if appeal accepted and numbered mean as a respondent you will be summoned by your sessions court for your appearance.
after that court will direct you to produce the sureties, if its possible you may produce the earlier sureties who where for you in trial court.. or may go with fresh surety.
M/s. Y-not legal services
Rajendra K Goyal
(Expert) 19 July 2015
You can give sureties of out of Rohtak provided court agrees, they should produce id proof and proof of some property they own.
SAINATH DEVALLA
(Expert) 21 July 2015
Most of the sub courts and sessions courts insist for local sureties.But U still have time for that and in the meantime U may garner for the sureties.The sessions court will not ask for sureties in the first appearance itself,because U have been acquitted but not convicted.
sanjay
(Querist) 22 July 2015
Respected Sir,
Since our lawyer is delaying the bail process for the last one year saying that he is not getting anyone for local surity.we have recieved bailable warrant this time to appeare on 10th Aug 2015.what should we do now.
SAINATH DEVALLA
(Expert) 22 July 2015
U can opt for cash suriety,which can be given by anyone.
sanjay
(Querist) 22 July 2015
Respected Sainath Sir,
Do u have any document regarding furnishing cash suriety.Please provide me as i will have to show it to the judge.
SAINATH DEVALLA
(Expert) 23 July 2015
U need not show it to the Judge,the documents are available in every court complex,Memo and an affidavit.
sanjay
(Querist) 23 July 2015
Respected Sainath sir,
i mean to say if judge refused to accept the cash surity then what can we do?
SAINATH DEVALLA
(Expert) 24 July 2015
No court will refuse cash or property surieties.
sanjay
(Querist) 24 July 2015
Respected Sainath Sir,
Do we need to deposit cash in the court or it can be in the form of FD.How much amount court ask for the surity generally?
SAINATH DEVALLA
(Expert) 25 July 2015
What is Bail Bond, How to get Surety Bail ?
If a person is arrested, then he or she may be able to get bail. Bails or bail bonds are essentially payments or deposits made by the arrested person that allows him or her to leave jail. However, this is just one side of the bail bond. On the other side, the bail bond would include certain terms and conditions fixed by the court. For example, a common condition added to the bond is that the person be available in the court whenever required by law. Other conditions may include that the person should leave India or the city without the permission of the court. While unfortunate, it is very important for you and everyone to be aware of the laws regarding bail and the process of how to get bail in India.
Overview of Bail Bonds and Bail Bondsmen
In India and abroad, bail means the release of a person awaiting appeal or trial from prison through a security deposit that ensures he will follow certain terms and conditions set form by the court. The monetary value of this security is technically known as bail or bail bonds, and they are set by the appropriate court. The security provided may be in hard cash, title papers to a property or through bonds made by private individuals or professional bondsmen. A failure to surrender to court on the specified time or abide by the stated terms and conditions results in the forfeit of the security provided.
Definition of Bail and how to get Bail in India
It is surprising to know to that Indian laws do not have a clear definition for the term ‘bail’. The Criminal Procedure Code, 1973 is an Act that defines the process of getting bail, but it only clearly defines what bailable and non-bailable offenses are. These definition are provided in Section 2-A of the Act. Other Sections from 436 to 450 put forth the provision for grant of bail and bail bonds in criminal cases. The amount of security to be paid is not defined by the Act, which means that the decision rests solely on the presiding court. As a result, it is not uncommon to see courts decide on unreasonable and exceptionally high amount as bail bonds, irrespective of how poor the accused may be. A good lawyer may be able to help out in such situations.
The decision of whether or not bail would be given in a non-bailable offence is determined according to a preset schedule or in a special bail hearing. The court would then decide whether or not the person can be granted bail. Some factors taken into by the court may include the following:
1. The gravity and nature of the accusation
2. The person’s background, including a history of previous imprisonment, if any
3. The possibility that the applicant may flee from justice on getting bail
4. If the accusation has been made on the person for deliberately and willingly injuring or humiliating the person
Those people who have been accused of a non-bailable offense and are prepared at any point of time to give bail can be released on bail. The bail bonds for these people can be submitted before the appropriate court or officer. However, people who are unable to give bail bonds within a week after the arrest can be presumed an indigent person by the officer or court. If presumed, then the person can be discharged on executing a bail bond without any sureties.
Unfortunately, the current laws on bail leave a lot to for requirement. Well over 60 percent of the people in jail are under-trial, which means that they have simply not gotten bail yet. A person looking for bail in India must seek the help of an expert lawyer or bail bondsman who can utilize the current rules and regulations to get bail quickly and easily.
sanjay
(Querist) 28 July 2015
Respected Sainath Sir,
So can i deposit cash for my own bail & i dont need any other person for this?How much amount will judge ask me to deposit in this case?
sanjay
(Querist) 07 August 2015
Dear Sainath Sir,
The application for cash surety and personal bond in applied u/s 445?
