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SAMI FAROOQ (Owner)     23 April 2024

Refund of bail & compensation amounts.

I was an accused in a 138NI case and lost the case in the Magistrate's court. Thereafter I went for appeal in the Sessions Court and settled the issue with the opposite party. Hence the case was dismissed. However I have paid a substantial amount for bail (Magistrate court + Sessions Court) and also 20% of compensation amount as directed. The receipts are not traceable by my lawyer. How to apply for refund?



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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

If the compensation amount deposited with the court was not withdrawn by the complainant, then you can get the details of deposit from the court, you can approach the office of the concerned court through your lawyer and collect the details.

If it was withdrawn by the complainant then you may have to talk to him and get it refunded.

What is the bail amount you are talking about?

Is it the court fee and the lawyer fee, if so, there is no provision to get them back.

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SAMI FAROOQ (Owner)     23 April 2024

Thanks for the reply. Interim compensation was not withdrawn by the complainant, I pai full amount asked by them by DD. The total amounts are 10,000/- + 10,000/- bail (2 times) and 35,000/- compensation amount.

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

If the compensation amount deposited in the court was not withdrawn, then you may file a  permission petition before the same court to withdraw that amount. you can get the details from the back bundle of the case held by the court, you can seek for ispection of the same and notedown the details, file a copy applicaiton, get a certified copy and along with the certified copy of the details found in the court bundle you can file the permission petition to withdraw the deposit amount.

Bail money is held by the court until the court case is resolved or the individual fails to appear. In the first case the money is returned to the individual who paid it. In the last case the money is forfeited and is distributed according to regulation usually to law enforcement and/or the courts.

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SAMI FAROOQ (Owner)     23 April 2024

Thank you sir for your reply. Will instruct my lawyer to do the same.

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

You are welcome, you may follow it up accordingly.

Dr. J C Vashista (Advocate )     24 April 2024

Are you sure the court has asked / retained bail amount ? If so, is it cash or DD ?


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