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rahul (manager)     10 August 2012

Bail and surety

respected members.

I am still continuing my CAW sessions. i had few queries, for which I am looking for clarification.

1)  For Notice bail and AB would be ordered by the court (thisis my understanding) so where would the surety and bail bond be submitted? at the court or at the police station.

2) During the process of CAW, een though the complaint had been in name of me and my parents and brother, but only I was asked to attend the sessions. My understanding is  that if CAw proceedings fail, then complaint at CAW get  regitered as FIR as is, is there a possibility that name of my bro and my parents be removed as they did not live with us. If its possible, then who would do so, the SI at CAW or the Investigating officer who registers the FIR

thanks in advance for your time and suggestions

 

 

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 August 2012

1. Notice bail only stipulates that in event of registration of FIR you get a notice in advance enabling you to move for an AB. 

2. At the time of AB the court would direct the IO to release you on bail in event of arrest, thereby making the non bailable offence bailable for you, the IO would take your bail by taking sureties. 

3. In all probability FIR is registered against all, though at a later stage the police may file a FR (Final/Closure Report) against them. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 August 2012

Quirest,

 

If you are charged with a criminal or traffic offence and you will be attending court, you will need to understand what bail is.

Bail is a written promise, known as a bail undertaking, that you will come to a certain court at a particular time and date and abide by any conditions included in the undertaking. It is also a promise that if you do not come to court when you are supposed to, that you will still come as soon after that as you possibly can.

Bail may be set by the police or the court. Once you are in court for a particular charge, only the court can set bail for you in relation to that charge. The court can change or remove bail set by the police in relation to that charge.

When you appear in court, bail will only be necessary if you have to come back to court on a later date. If your matter is finished on your first appearance in court, bail will not need to be considered or imposed by the court.

The court may not require you to enter into a bail undertaking in every case. This will depend on the seriousness of the offence and the circumstances of your case.

If you are required to enter into a bail undertaking, you must sign the undertaking and you will be given a copy of it before you leave court.

What are bail conditions?

Every bail undertaking includes a promise to attend a certain court at a particular time and date.

Some undertakings include other conditions as well. Any other conditions will be explained to you when you are in court and will be included in your written bail undertaking.

If you have a surety condition imposed on you, your surety must also sign the undertaking and will be given a copy of the undertaking

rahul (manager)     11 August 2012

@ Bharat

"time of AB the court would direct the IO to release you on bail in event of arrest, thereby making the non bailable offence bailable for you" Does tht mean, there would be an arrest no matter what even if i take AB?


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