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sudhirkumar   12 February 2021

Cash bail in pocso act

Good Evening Everyone, I would like to give a brief overview of our case. My brother-in-law who himself is a practicing advocate was held in a false POCSO case due to some political drama in their area. He was kept in jail for almost 3 months without bail. This is a conspiracy made by the local political leaders to avoid him contesting local elections. He's having wife(my sister) & a college going daughter. It's very painful and they both were very much stressed in such a condition. But finally we got the BAIL but the thing is our Advocate says, that CASH bail is not allowed because the Magistrate is strict. Where in the bail order it's written 'individual bond of 1 lakh each X 2'. He's asking us to bring employee surety or solvency certificates. Both these options are very tough, we have been trying hard to get these two but of no use. I just wanted to know is it correct that cash bail is not approved by the Magistrate? Please clarify because we got the bail 7 days back and we couldn't get him out because of this situation. Please help.


Learning

 3 Replies

Adv. Morzaria (Advocate )     12 February 2021

File a Criminal M.A Application praying for modification 2 or more like sureties to be allowed
1 Like

sudhirkumar   12 February 2021

Thank you for the response. Just for my clarification, you are suggesting for more cash bail options, i.e.,in place of 2 bonds, we can ask for more. is my understanding correct? please clarify.

Adv. Morzaria (Advocate )     12 February 2021

First pray for provisional cash bail

if prayer not accept

Then for breaking of surety to i.e for a lower amount
1 Like

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