Guarantors

Surety need to be provided in order to ensure presence of the accused in court in future. This cannot be replaced with any other providion. Even NRI would have relatives here in India.

Dear HH,

There is a provision under Section 445 Cr.P.C. enabling to deposit money or Govt. promissory notes in lieu of execution of bond.  Make an attempt by convincing the concerned magistrate. 

There are professional Bailees available, who would give surety for you for a fee.

Where in India do you need help?

Any judgements which you can share...

Dear HH, When provision of law is clear and unambiguous, what is the necessity of everchanging judgments.

Dear Sridhar,

There is difference between the knowledge & its applications.

The judgements on allowing financial surieties (against physical guarantors) in 498a cases will be referred during the proceedings than quoting the Law.

Dear HH,

N. SASIKALA vs. ENFORCEMENT OFFICER, ENFORCEMENT DIRECTOR, MADRAS reported in 1997 CRI.L.J. 2120 wherein it was held that the Magistrate was not empowered to demand cash security. At the same time, the accused may be permitted to deposit a sum of money in lieu of executing a Personal bond and giving surety to some persons.

Dear HH,

Here are some more citations on Sec 445 Cr.P.C. :

(1) Babu Singh & Ors. Vs. State of Uttar Pradesh, AIR 1978 SC 527.

(2) Crl.M.A. No. 4387/2008 in Bail Application No. 320/2008 titled as Obinkons Emma Vs. NCB, decided on 8.4.2008.

(3) Mr. Agali E. Samki Vs. The State (NCT of Delhi), 2006 (3) JCC 1292. (4) Shokhista Vs. State, 2005 (3) JCC 1612.

Thanks Sridhar!

Members like you are an asset to the forum.

Grateful if you can share your email ID for me to seek your guidance on moving TP by husband in 482 case.

There are large number of people everywhere who are banned, crucified, victims of genocides[E.g Jews in Nazi world, Sikhs in India], ostracised ,defamed terribly AND FOR NO REASON and who don't know anyone. Or friends or relatives who avoid such persons like plague. Its a very cruel world and history is a testimony to it. Simply file a Special Leave petition and ARGUE IN PERSON. Its a human rights matter. If you are lucky you'll get Justice G.S Singhvi or Justices A.K.Ganguly's bench, Justice Mukopadhiya's is junior as yet.

Dear Nina,

Unable to understand the last line

" If you are lucky you'll get Justice G.S Singhvi or Justices A.K.Ganguly's bench, Justice Mukopadhiya's is junior as yet"

Can the subject file his SLP in selective benches??

No benches are selected by the computer but you can state in the profrma:

Not to be listed befor X,Y,Z...

but that won't work. I used the word LUCKY.

Dear Nina,

Thanks for info!

A straight query- If SLP is moved in SC, ususally how much time is taken by SC in disposing off ??

Grateful if you can guide me on the valid grounds that are considered by SC if husband wants to move TP/SLP in SC requesting to transfer the case (criminal/civil) at some neutral place...

Thanks in advance

email at nina5000ad@yahoo.com

She'll revert back to you.

FREE SERVICE. DIY STUFF. YOUR EVERY QUERY SHE'LL ANSWER AND CALL YOU IF THE NEED BE. SHE WILL OR MIGHT DRAFT YOUR SLP and tell you what to speak in court within 2-3 minutes.