Jitu 05 December 2015

How to change securities of bail

Dear sir,

My cousin had submitted property document for bail in a bailable offence as security in the court 1 year back. Now he wants to sell the property. So we want to submit another security (vehicle RC) in place of property documents. We have been told that we need to apply for his bail all over again in the court with fresh security (RC), if we want to change the security. I think it should be simple clerical procedure as we have already secured his bail. Please advise how should we go ahead.

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3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 December 2015

A simple application under the relevant provision has to be moved . But the procedure is not clerical. The bail bond needs to be filled up and duly submitted.

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Arvind Singh Chauhan (advocate) 06 December 2015

I think There is no condition that he can not sell the property which he has declared in bail bond. He is liable for the amount mentioned on the bail bond only. If that amount is not recoverable from any other source then he is liable.

The affidavit attached with bail bond is only proof of being property holder. There is only condtion that "If accused doesnt appear in court his Money RS--------shall be recoverable from the sureity", there is no word that " Money shall be recoverable from particulatr property"

please consult with your lawyer.

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T. Kalaiselvan, Advocate (Advocate) 13 December 2015

The surety can replace the security already offered with new security to the value of the previous security.

He can file a petition before the court in this regard, on orders being passed, a fresh bail bond with the replaced security shall be issue by cancelling the previous bond.

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