Procedure to en cash bail bonds fixed deposit
Azhar
(Querist) 31 August 2016
This query is : Resolved
Hi All,
my 498a case has been quashed, yet to get order copy from high court
could you please tell me what is the procedure to get surety bonds en cashed.
people who gave me surety doesn't reside in hyderabad so i have to plan everything ahead so that i can take only one day of theirs.
Thanks,
Azhar
Raj Kumar Makkad
(Expert) 31 August 2016
None of the surity is required to come personally in the court for the purpose of the cancellation of the bonds. Even after quashing, you are not required legally to attend the court and case and it is the automatic process that the court shall cancel the bail bonds.
Azhar
(Querist) 31 August 2016
Thanks for the Reply sir, i mean how to en cash those bail bonds i have 1 lakh rupees in 2 of my family members name who gave us suriety
Raj Kumar Makkad
(Expert) 31 August 2016
If this is the situation then the surity are required to move an application before the trial magistrate for encashing the bonds in consequence of he quashing of FIR and it shall be got allowed and accordingly the desired relief shall be granted.
It shall be good if the application is moved 2-3 days prior to your one day visit so that the proceeding may got ended on that day.
Azhar
(Querist) 31 August 2016
Thanks again for the reply sir, am having a very very little knowledge as you said i should submit some request with those two surities signature in hand before they come, i probably should have made the question more clear.
if you have any sample application or a document with breifing what form to be used to submit the petition as you said.
could you please guide me.
Raj Kumar Makkad
(Expert) 01 September 2016
We do not provide such specialized service here.
Rajendra K Goyal
(Expert) 01 September 2016
You can avail services of local lawyer.
P. Venu
(Expert) 01 September 2016
Your lawyer is expected to take care of this aspect as well.
Guest
(Expert) 03 September 2016
Purely an academic query!
A question arises, did not you ask such a question from your lawyer or help to get the bail bond released, who got your 498a case quashed?
Azhar
(Querist) 03 September 2016
my council who took up my quash case is from high court, he doesn't take up any cases pertaining to local courts, my surities are in metro politan court.
Guest
(Expert) 03 September 2016
Mr. Azhar,
Not a satisfactory reply. Even if he is a HC lawyer, he could tell you the procedure, and to provide you sample application, what you asked here.
If he dpes not help you take assitance of some lower court lawyer.
Azhar
(Querist) 04 September 2016
Am sorry sir that i couldn't put my thoughts clear, here you go:
1. I didnt get a order copy yet.
2. my surities are not from hyderabad.
3. my council is a big guy, he would say go and hire a lawyer he will guide you.
4. before i hire a lawyer i wanted to know the procedure not to do by my own as my absence at work per day will be more costlier than i pay to lawyer.
5. FYI i had a talk to a woman yesterday at nampally court, she agreed to do my work.
6. she said take two sureity forms and one vakalath and get it signed by surieites.
to be precise i was looking at that information, what forms i need to get signed. so that when i go and meet lawyer i can directly give him those forms with signatures and he can do my work done.
