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Clarification about the surety money and 437-a crpc

(Querist) 23 February 2015 This query is : Resolved 
Sir,
I need clarification about the surety bony deposited in regaulr bail bond and 437-A

My 3 relatives has taken regular bail before the Ld JMIC court along with sureties against certain charges of IPC..Since they have been framed outside the city and hence could not arrange sureties and thus they gave Rs 25000 per person in lieu of surety

Now they are facing trail..my doubts are:

1 If they convicted what happen to that surety money which they have given with perosnal bail bond for obtaining regular bail ? Whether the court confiscated that amount??

2 If they get acquitted whether they have to furnish the fresh amount in lieu of sureties for obatining bail under section 437-A Crpc?

3 can money i.e Rs 25000 which they have given at the time of obtaining regular bail be adjusted in the 437-A bail bond after being acquitted?

please give your valuable views
Kappil Cchandna (Expert) 24 February 2015
Dear,

In any case the money will be returned... But yes the money will be forfeited only when the accused during the trial run away or do not appear before the court as and when required..

Kapil Chandna Adv 9899011450
Rajendra K Goyal (Expert) 24 February 2015
The money is kept to ensure that the accused would abide by the terms of bail and face trial / attend the court.

It would be returned on decision of the case.
T. Kalaiselvan, Advocate (Expert) 25 February 2015
The surety amount will be returned even if the accused is convicted and furnishes fresh surety.


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