Guarantor in 138 case
akumar
(Querist) 06 November 2015
This query is : Resolved
Dear sir,
My maid's son is in prison for some cases of 138 & NDPS. Our maid is asking me to give guarantee in front of Judicial Magistrate along with my property documents (for rs. 1 lac minimum)so that he can get bail. I am ready to give guarantee. My query is as below:
1) what will be my liabilities in court after his bail.
2) If my maid's son will not present in court after bail or run away from city then whether court hold me responsible for this.
As a human being, i want to help my maid. but i am so confused if his son will do any wrongful act after bail. then what kind of order passed towards me (as a guarantor) by court. Pls advise.
Rgds,
Anuj
anand
(Expert) 07 November 2015
Worst to worst case scenario your maximum liability is bail bond amount and I.e. rs. 1 lakh.
If he does not appear in such situation court will ask you to present him before the court.
Rajendra K Goyal
(Expert) 07 November 2015
Court would ask you to present him in the court.
You can be asked to pay your bail bond.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
ONCE GIVEN BAIL IN THIS CASE YOU WILL BE AT HIS MERCY.
You will also have to ensure that he present on all dates so that you are not in trouble. He can feign as poor man you will hve to bear cost of his travel and food on hearing date. (you did not say how far is the place of trial). If he is sick on hearing date then arrange for his suitable hired transport.
When you help the poor maid and her son to such extent then BE ABSOLUTELY CLEAR that they will NEVER (NEVER) be grateful to you.
On the next day she can be found gossiping that her son is innocent and you did not do any great favour
what will you do when he is arrested again.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
"As a human being, i want to help my maid. "
but which human being will help you.
Guest
(Expert) 07 November 2015
If you really have an Intention to Help Just Go Ahead. In the World it is Not that Every One would be ungrateful.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
"it is Not that Every One would be ungrateful. "
If you help a poor man (not a real gentleman) in distress he has no choice but to be ungreatful.
akumar
(Querist) 07 November 2015
thanks experts Mr. Anand, MR. Goyal, Mr. sudhir & Mr. Rajkumar, i am really greatful to you for solving my query.
She told me guarantor can be arranged by paying some money.
i will give her that money and ask her to arrange guarantor by herself with this money.
Thanks again.
Guest
(Expert) 07 November 2015
As far as Director Sudhir kumar 's Opinion is Concerned "Do not help a Poor man" as Nicely Followed by the Author Is It Fair.
Guest
(Expert) 07 November 2015
If Possible Director Sudhir Kumar Could also State to whom all the surety could be Given
Guest
(Expert) 07 November 2015
Being a Servant Maid's Son whether he Should be Denied the Surety.Director Sudhir could Explain
P. Venu
(Expert) 07 November 2015
All and every person summoned by the a criminal court is required to take out a bail. And some one has to stand guarantee. This is a routine process. And in the normal course, the accused never jump the bail. The contrary is an exception and happens only in very rare cases. As such it could safely said that there is no abnormal risk involved.
I am of the considered opinion that the learned experts of this forum ( of which I happen to be a minuscule contributor) restrict ourselves to the legal elements involved in the query (esp. in genuine queries like the present one) so that the queriest can arrive at an informed decision at his discretion.
We would only be bringing discredit to this forum if we indulge in value judgement on the fellow citizen who are unfortunate to be caught on the wrong side of law. Life is uncertain - such situation can happen to anyone, we included.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
"She told me guarantor can be arranged by paying some money. i will give her that money and ask her to arrange guarantor by herself with this money."
and again you will pay money for arranging guarantor for his next arrest.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 07 November 2015
I appreciate your good gesture n raising query is absolutely pedrinant.
1) u have to make him present or pay rs. 1 lakh or prepare for imprisonment.
2) if he repeat other offence, in my opinion, u e not responsible
V R SHROFF
(Expert) 07 November 2015
YOUR CHOICE.
CALCULATED RISK.
THERE IS NO FREE LUNCH.
USUALLY THEIR BLOOD RELATIONS SHOULD HELP.
MASTERS SHOULD NOT INVOLVE IN PERSONAL CRIMINAL PROBLEMS OF SERVANTS.
IF THEY NEED HELP FOR CHILDREN EDUCATION, HEALTH AND MEDICAL URGENCY, EVEN GUARANTEE OF HOUSING LOANS,IT CAN BE CONSIDERED.
Sudhir Kumar, Advocate
(Expert) 08 November 2015
I do agree with Mr Jeevan Patil that you are not responsible if he repeats the crime (which is many times happening in such cases).
But I do believe that now you are helping financially for arranging a professional guarantor (basically a fraud on law) and if he is arrested again is it not possible that you maid will come again with begging bowl and now demanding money as a matter of right. This time your refusal may not be treated charitably by her.
Dr J C Vashista
(Expert) 08 November 2015
The author wants to help the accused (his maid's son)for getting him bailed out risking a sum of Rs. 1 lakh, no problem, it can be done and the author can stand surety.
SAINATH DEVALLA
(Expert) 10 November 2015
Dear Querist,
I wholeheartedly appreciate UR concern for the maid's son.If U feel U R doing good by standing as a suriety,go ahead or if U feel U may have to face legal hurdles in future the second option of paying money for outside suriety is the best.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
you are not hid friend or blood relative. whey should he care for your 1 lakh rupee.
why should he attend court just to save your respect and money.
further she will take money from you and pay to some professional guarantor. If the boy does not attend court then who will pay 1 Lakh rupees. she will again be before you with demand of Rs 1 lakh.
K.S.Srinivas
(Expert) 12 November 2015
After a thorough analysis of the incidents happened in the society, I totally agree with Sri Sudhir Kumar.
In such cases if you want to show sympathy to her, you must be ready to face the situation and for the sympathy of another.
