I am comming from west bengal to take bail of my client in c/w case u/s. 138 N.I. Act to Ludhiana District Court. I heard that Ld. Court use to pass an order for furnishing Local Seurity by deposit of Deed. Is it true? If yes then whether local
seurities are available? what are the charges?
Dear!
As per a precedence by SC in 1978, no court can compel an accused to furnish local surities. It has been misused a lot of times. So, courts are now compelling accused persons to furnish local surities with the sole intention to ensure accused person's presence for speedy trial and disposal and to save the court from accused persons furnishing forged and fabricated surity.
Courts cannot deny or reject surities from outside the state boundaries, but the release orders shall be prepared only after due scrutiny and verification which may take a very long time if surity/witness is far away.
If you cannot arrange local surities/witness and you do not want to go in for verification process, you can deposit a Cash surity in the shape of an FD in a local bank.
Good Luck!
