Court insisting cash surety and local surety is unconstitutional:

I am in 100% agreement with you.

Dear Sir,

if thats the situation prevailing over the court procedures, we take appropiate legal action against the same. we can challenge the validty of such demands by criminal courts being excess in their authorities thus becoming unconstitutional.

i m also agree with you sir,

court can verify the surety but it will again very time consuming

and if some-body deposit the surety money ,

Taking back that money is again very expencive and a very lengthy  procedure.

Thank you, Manishji,Ajayji and Raviji for your valuable informations.Time has come to give a serious thoughts to such practices in the Court, otherwise the poor and those children of lesser God can never get bail.

i am also of the same opinion to Mr. Ravi and Mr Singhs. for this we have to raise our voice in criminal courts and that may go to apex court if unresolved

i am also of the same opinion to Mr. Ravi and Mr Singhs. for this we have to raise our voice in criminal courts and that may go to apex court if unresolved

Dear Sir,

I am a retired govt servant i have given cash surity to bail out a person undergoing 6 months jail

out of mercy. in a downery case under 498Aipc.

what is my liablity if he jumps bail

it is ok if my surity amount of rs. 5000 is forfeited

will there be any legal problem for me.

please help me. i am very much worried

mohd faseehuddin

Dear Assumi Sir,

I too agree with your views and  bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing Rs.100 has to provide bail surety bond of Rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend Rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.Say, a rich industrialist is accused of Rs.20 crores tax evasion, he is let free on a personal bond of Rs.1 lakh.

To All Ld Advocates

Asking local sureties are normal in criminal courts. Think of a position where accuseds are residing outside the local limits of courts and are not having local contacts.Some time back A tv chanel showed that how local sureties are arranged for money.

I am of view that once a acceptable documentary proofs are given to court then court should accept even sureties are residents of outside local limits of courts.

A PIL should be filed in SC since asking for local sureties is causing hardships to persons who are falsely implicated in cases. A joint voice is definately needed.

Bail procedures be made simple atleast in states where no anticipatory bail provisions are not there. Asking for sureties should not be routine matter.