Query regarding surety - solvency,bail
Pappu
(Querist) 22 November 2014
This query is : Resolved
Dear Experts,
This is typical 498a case. 2 got Anitcipatory bail from session (Nashik) and one got Anitcipatory from high court. The session court bail amount is 15000 and high court bail amount is 20000.
The police are now saying that they need to do notional arrest, before they file chargesheet. Which is ok, but we have produce our sureties during the arrest.
From what I understand, for amount 15,000 we simply need to submit ID and may be bank/salary documents which prove that surety can arrange 15000. However for amount 20,000, the surety should have a solvency certificate. the relevant judgement section says
"be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties inthe like amount"
Now here is the problem
1.) Practically it takes aroun 1.5 - 2 months to get a solvency certifcate for indvidual. The police is insisting that we do the bail thing at earliest
2.) For solvency certifcate, one should have an immovable property with no liabilities. But in these days of home loans, everybody has a liability. Getting such a surety is proving to be difficult
Is there any other way out of it ? Can't we simply deposit cash and have a person sign a personal bond or something ?
I am kind of on a clock here. Your help would be really appreciate
Devajyoti Barman
(Expert) 23 November 2014
1. The order is not speaking about solvency certificate. Why are you after it?
2.apply to court for relaxation of this condition.
Devajyoti Barman
(Expert) 23 November 2014
1. The order is not speaking about solvency certificate. Why are you after it?
2.apply to court for relaxation of this condition.
Guest
(Expert) 23 November 2014
Appropriately advised.
ajay sethi
(Expert) 23 November 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 23 November 2014
Agree with the advise of expert Devajyoti Barman ji.
Dr J C Vashista
(Expert) 23 November 2014
I agree with the expert advise of Mr. Devayoti Barman.
To add to it, you can seek permission of the Court to deposit documents qua property in the name of surity such as FDR, Vehicle registeration certificate, insurance policy etc. whose worth is about or more than the amount of Rs. 20,000/-
Pappu
(Querist) 25 November 2014
Dear Experts,
Thank you for your inputs. Appreciate your help.
While court doesn't specifically ask for solvency certificate. Practically this is how the court operates. Particularly the lower courts. Solvency of a surety is to be confirmed by a certificate from Revenue Office. Which in turn has its own set of rules.
Take a look at this judgement from Bombay high court.
http://indiankanoon.org/doc/1247907/
While it admonishes lower court insistence on Solvency certificate and says that it isn't absolutely necessary and at discretion of court. In the same breath, it also says that , this practice has a sound basis !!
Now moving on to police officers. They just think it is cast in stone. In reality, the solvency of the surety as per the discretion of the officers.
In my case, I would have had to approach high court (they granted bail). This would have meant the following
1.) Higher a high court lawyer (expensive)
2.) The appeal would be listed at a later date (few weeks)
3.) Meanwhile the police shall be breathing down the neck, and can legally arrest and things would be complicated pending Surety with Solvency certificate. We would ofcourse be running to courts.
Instead I decided to get a surety (actually managed one) and grease the wheels of bureaucracy to get solvency certificate. This will ensure that even if we were chargsheeted and magistrate decides to release on existing bail conditions, we would have a solvency certificate ready at hand. I mean no objection from court officers.
Now, I am not sure if what I did am doing is right. But looking at the way, our criminal justice system works,different from theory and practice, this seems logical. What do you think ?
T. Kalaiselvan, Advocate
(Expert) 26 November 2014
Dear author , your thinking is different from what is practical. It is the way you understood the things. A solvency certificate means, a Village revenue office may give a certificate stating that the property (house or landed) situate in this limits is on the name of so and so and is worth of so and so. This certificate along with the tax paid receipts would suffice the requirement of solvency for the person who stands as a solvent to the accused to be enlarged on bail. Why do you make simple things into a complicated one? If you don't find one, you may even request to deposit the solvency amount before court which will solve the issue. Consult your local lawyer about this issue further.
