The bail bonds of accused shall continue till disposal of the appeal time.
Happily Divorced
(Querist) 17 February 2016
This query is : Resolved
Hi Sir's,
This week Me and My family got acquitted from 498A criminal case and the case is disposed with ACQUITTAL.
However earlier there were bail conditions on my parents: 1. that my parents are not supposed to leave the country without prior permission from the court. 2. bail bonds of 2 sureties of 20k rupees each were submitted.
Now the question is since the judgement says "The bail bonds of Accused shall continue till disposal of the appeal time.",
a) what is the normal appeal period?
b) Although the case is now pending appeal, it is closed and we are acquitted as on today, can my parents travel to a foreign country ignoring the bail conditions?
c) The judgement says only about bail bonds and not bail conditions, does it mean there are no restrictions on my parents travel.
Santosh Goswami,Advocate
(Expert) 17 February 2016
Technically, you are correct and they can travel. 9555462995
Devajyoti Barman
(Expert) 18 February 2016
Te court seems to have passed a dubious order which is hardly done when judgement and order is passed. Since bail bond is not discharged the conditions technically remains. File a review petition in the same court for correcting the anomaly. Else you can prefer an appeal challenging this part of the judgement and seek relaxation of conditions of bail.
Happily Divorced
(Querist) 18 February 2016
Sir's thank you for the quick reply.
Sir what is the normal appeal period because there wasnt any time defined in the judgement? Will the court notify me that on such and such date appeal period is completed and we can claim the cash amount in the bail bonds?
rajagopal.s
(Expert) 18 February 2016
Dont wait for the appeal period to get over. in case the party appeals you will be in trouble. file a review petition for correcting the anomaly. It is important to get it corrected.
Guest
(Expert) 18 February 2016
Well advised
Dr J C Vashista
(Expert) 19 February 2016
Nothing more to add, well advised. However, you may seek further clarification and/or guidance from your lawyer.
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