Process to withdraw surety amounts
pujols20
(Querist) 18 June 2012
This query is : Resolved
Personal bonds for Rs 10000 with two sureties were executed at the time of getting bail. Now the criminal case is closed and disposed off. Please suggest what is the process of getting the Surety amounts back, what applications/petitions are to be filed under CRPC ?
Shonee Kapoor
(Expert) 18 June 2012
The surety bonds would have been discharged alongwith the acquittal, you can get the same withdrawn.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 19 June 2012
Yes from the order of acquittal itself the same is clear.If the Judge fails to mention that then bring that to his attention.
SAINATH DEVALLA
(Expert) 19 June 2012
Immediately after the acquital order is passed,you should submit a letter for withdrawl of surety bonds in the office of the said court.No other application under crpc.
J K Agrawal
(Expert) 19 June 2012
But the question is, in which section, there is provision of refund in Cr P C?
pujols20
(Querist) 19 June 2012
Thanks all for your replies.
Case was compromised and quashed in High court. The HC order copy was submitted in Trial court to close the case.Surety bonds are with Trial court file. Case was quashed in HC on 04 Feb 12 and Lower court changed the status to "Disposed" on 20 Mar 12. This case was in AP.
Is there any appeal period need to wait for before withdrawing the Surety amount? I think normal appeal period for a criminal case is 3 months. Please clarify.
Lawyer is suggesting to fill a "petition U/S. 444 Cr.P.C, R/W SEC. 219 Crl.R.P"
Is it necessary to submit this petition to withdraw the bonds ? Also is this mandatory to be filed only by surety person ?
pujols20
(Querist) 20 June 2012
Please respond