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Girish   02 October 2019

Bail bond surity

Respected Lawyers,

We have chanrges of SC/ST atrocity act for whcih we got AB form High court. Police is going to file charge sheet next week.

We are 4 accused required to submit the surity of 25k each.

1) Can FD act as a surity ?

2) What if 1 or 2 accused failed to furnish the surity upon filing chargesheet.

3) For 25k suerity do we require two person with house tax receipt.

4) Is rationng card is mandatory for bondsman or bail agent.

Please help.



Learning

 7 Replies

srikant sharma   02 October 2019

1. No. You require land property papers.
2. court will consider bail of the accused in a while. no specific time limit for that matter.
3. No. one surety is enough.
4. I don't think so.

Girish   03 October 2019

Thank you sir for your reply.

Do we also need to produce solvency certificate of the bail agent although it is not mentioned in the order. The wording of order are as follows.

"By way of adinterim relief, in the event of arrest, the appellants be enlarged on bail on furnishing P.R. bonds of Rs.25,000/each with one or more sureties in the like amount."

Please advice. Thanks in advance.

Vinit Nair (Advocate Vinit Nai   08 October 2019

Yes solvency certificate will be required as the bond amount is 25000/-. Above 15000/- solvency certificate is required.

Vinit Nair (Advocate Vinit Nai   08 October 2019

You will require latest property tax bill, (make sure that the property is free from all encumbrances,loans), and the receipt of that property tax bill and Aadhar card or any government i.d proof copy and passport size photographs.

You will have to submit an application in concerned court seeking time to submit solvency certificate if you don't have the solvency certificate at the time of executing bail bond.

Girish   09 October 2019

Thank you dir for your reply & valuable guidance.

In case of application to court to give time for obtainig solvency certificate how much time does court ususally give to accused ? (1 month, 1 week etc.)

Vinit Nair (Advocate Vinit Nai   10 October 2019

Depends upon the court, you may seek time for 1 month as obtaining solvency certificate may take time, then let the court decide.

Girish   10 October 2019

Thank you very much sir, It can be a big relief for all of us.


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