Bail surety revision
Querist :
Anonymous
(Querist) 13 September 2011
This query is : Resolved
Hi,
I am trapped in a false dowry case because I cancelled my wedding 15 days before the wedding date after knowing that the girl has some health issues.
I was arrested and am currently out on bail of Rs. 25,000/- We need to produce surety for this amount now but since the bail order says only 1 surety, solvency certificate becomes necessary and we are not able to get solvency certificate.
Original bail was given by Holiday court at Killa court.
What is the procedure to get the bail order changed so that either the bail/surety amount is reduced or we are allowed to produce 2 sureties for which we would not require solvency certificate.
Appreciate your help.
M/s. Y-not legal services
(Expert) 14 September 2011
If its possible mean just make an arrangement for a fixed deposit with any one nationalised bank for the tune of rupees 25k. You may produce it before the concern court. Court will accept your surety. After dispose your case you can withdrawn your fixed deposit amount..
Advocate Rajkumarlaxman
(Expert) 14 September 2011
the bail is till what date and solvency is required. but as stated by our expert Tom Advocate you can deposit the amount in bank and produce the surety and then take back the same from bank by withdrawing the amount. only one surety can be ok for this purpose.
though holiday court has given bail till what date and before expiry of the date of end of bail apply for extension/continuation of bail in the regular court.
do not worry once you have got bail means they have to file charge sheet and then start the case. it will not come up early. and in mumbai that also in Killa court or Sewri Court there are many such cases pending which have not come since two to three years on board till today. they have to still file the charge sheet and in some cases FIR also
Guest
(Expert) 14 September 2011
Agree with experts.
M/s. Y-not legal services
(Expert) 14 September 2011
Y not? Laxman sir. Court need solvency certificate for 25k. Fixed deposit also kind of asset. So you can produce it before court of law. We can sir..
prabhakar singh
(Expert) 14 September 2011
Yes ,Mr.Tom is right,that is the best solution to the problem posed before.
Shastri J.K.
(Expert) 14 September 2011
I also agree with experts.But if want, u can file application for modification of order.
girish shringi
(Expert) 14 September 2011
Shastriji is right.
Try to convince the Magistrate.
Querist :
Anonymous
(Querist) 14 September 2011
Thank you all.
The strange part is that not a single lawyer that I have personally met gave me the option of Fixed Deposit. What is the complete procedure? I am totally in favor of that option instead of running here and there.
One important thing I might have missed in the original query is that I have already paid 25k as cash bail in lieu of surety. Does that change anything, can I still use the Fixed Deposit option.
Querist :
Anonymous
(Querist) 14 September 2011
Shastri Sir, the Killa court magistrate says that he does not have power of amending the bail instruction and he also said that we should apply to sessions court. But the Killa court magistrate has not pprovided this in writing, he just said all this verbally and refused to accept our modification application. My lawyer is confused and debating that unless Killa court magistrate rejects it formally, we can't approcah sessions court.
My question is can we approach sessions court without having the rejection from Killa court?
Arun Kumar Bhagat
(Expert) 27 September 2011
Killa Magistrate is not right in his approach. Bail modification order can very well be passed by the said Magistrate since it is an interlocutory order. You can approach sessions court for a direction to modify bail order straightway u/s 439(b)Cr.P.C.
