Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rishubh S   24 June 2021

Condition imposed to pay 7lacs during bail from high court but i have not received a single penny

While hearing the bail the court has imposed condition to deposit 7 lacs rupees within 35 days but i hve not received any money and falsely been accused of the crime. But issue here is i dont have money to pay we are facing huge financial problem. On the advise of one we approached SC but SC dismissed our petition on the same day, may be advocate was not good or whatever be the reason..
Now i have no idea what to do and NBW has been issued as per my knowledge.
Ki dly suggest what to do??


Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     24 June 2021

The probability is that you and your advocate have explored all avenues for a remedy both through HC and SC.  Now, when an NBW is issued the only way is to surrender and express your inability to deposit such sum and praying HC to take some other security in lieu of that deposit.   If HC has issued such orders, the allegations may be strong.  Without knowing the truth, facts, you can not expect meaningful guidance from online forums.  The guidance from the online forum is First Aid and those cases that require immediate surgery for a chronic ailment, first aid is not useful,  there is no way and you have to raise a personal loan through a mortgage and has to deposit the amount.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 June 2021

Civil Recourse

In some cases, a defendant might fail to pay a bond because they are going to be released from jail anyway. In such a case, failing to pay the bond is not a criminal offense. Instead, it’s a civil offense. The bond agent can take you to civil court to get their money. Because you signed a contract, the case is going to be stacked against you. While it’s not completely impossible to win these cases, odds are that a court is going to mandate that you pay the contract. They can even garnish your wages to do so.

Keep in mind that civil recourse is available to bond agents no matter your reason for not paying the bail. Even a defendant who ends up in prison and fails to pay can be sued, which makes the likelihood of winning the case even more difficult.

1 Like

M V Gupta (Advocate)     24 June 2021

From the facts sated by you, it appears that the conditionn to deposit 7 lacs is imposed by the High Court on your application for anticipatory bail. Since the anticipatory bail is not given, the trial court may issue NBW. Hence you may in consultation with your Advocate, consider surrendering before the trial court and apply for regular bail. You have to furnish reasonable and legally sustainable grounds for bail. Court may grant bail if convinced, on reasonable conditions, which you have to comply. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 June 2021

If you are not able to comply with the conditions imposed to grant you anticipatory bail, then you may not be enlarged on bail.

In that situation you have no option than to surrender before the court, and apply for regular bail after that.

Your side merits can be taken up only during the trial proceedings and not during the arguments of the AB.

1 Like

Rishubh S   26 June 2021

Thank you all for replying but its a regular bail and 35 days time was given to deposit the money but right now we are facing financial problem also other co accused has been released without any condition of depositing money even the duped money has been deposited in their account.. And i have gone through the dilip singh vs state of mp case for stay of condition but same has not been granted to us..
Is there any solution available??
If surrender that will not be against us that we have no fulfilled earlier condition??
Will it not create difficulty in getting the bail??
Please suggest and also provide your contact if any of you think you can resolve my issue.

G.L.N. Prasad (Retired employee.)     26 June 2021

More than 3 experts replied to your query, and you have not presented any new fact and the only fact is that "Duped money has been deposited"  It is up to the court to decide as to whether the citation is applicable for the case pending before them, as facts and circumstances differ from case to case.  Bail is granted and payment of Bail deposit is the issue now.  When an advocate fully knowing the facts and presented the version to the trial court and HC which was not considered by HC, there is nothing new you can do by contacting the other members by phone, who are not aware of the facts.  

1 Like

M V Gupta (Advocate)     28 June 2021

You have not revealed in your first posting that it is case of regular bail before the trial court and thereby misled the experts. Hence all of us took it that the condition to deposit 7 lakhs is imposed for anticipatory bail. Now to get the bail amount reduced, you may have to approach the appellate court. But I am not sure if the order is appealable. Consult your Advocate on record.

1 Like

Rishubh S   28 June 2021

My advocate is saying that you can apply for modification but the that will go to the same judge and he will not revise his order,. Also u get it dismissed by SC so nobody will listen to you. All happened coz i dont have any knowledge of law and whatever the advocate suggested we just did that but the problem is now we dont have money and still we are not out of it..

P. Venu (Advocate)     22 August 2021

There is another thread on the same issue. See https://www.lawyersclubindia.com/forum/details.asp?mod_id=218406&offset=4.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register