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Vinay   29 November 2018

Regarding surety issues

dear sir my brother have been arrested on faulty case 376 and has been taken to a custody for Central Jail two weeks back now he got a bail.
bail order clearly says that 2 lakh personal Bond with two solvent surety so I took surety as my mother and father with the land documents with all tax paid receipt and registered documents but the Advocate is saying we need to pay 2 lacs as a court fee to proceed the bail application so can you anyone tell me whether I need to pay 2 lacs in cash or else I can proceed without paying buy only giving the surety of my mother and father I think my advocating is cheating to me

but in bail order there has been no mention regarding paying the cash to the court it has mentioned only 2 lakh personal Bond with two solvent surety

so regarding this admin discuss to another advocate so you told me you do not need to pay any cash or fee to the court so can you please anyone guide me how to solve this problem I am asking for NOC from my old lawyer but he is not willing to give me NOC but he is asking to give me 2 lacs as my fee but I already had been paid him 45000 in cash so can you anyone guide me


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 1 Replies

salim pathan (llb)     29 November 2018

hello vinay,
u need not to pay any money to the court, the court will jus take personal bonds of Rs.2 lakh, that doesn't mean that u have to pay money,, u can take ur father mother and execute personal bond..

now where as NoC is concerned now after the recent judgment of Karnataka high court (AIR 2017 KAR 1 ) it's not necessary to take NoC from previous Advocate. without taking NoC also u can engage new lawyer of ur choice..!

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