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raj malhotra (M.D)     15 June 2012

Query reagding bail and guarantee in 138 ni act

respected members,

                                       iam complainant in 138 ni act for two cheques of 5 lacs rupees the accused has taken bail regarding it...some friend of him has given bail for him in court...does this bail covers only assurance to face the trial or it also includes financial liability of the face value of cheques?does it requires to pledge some immovable property in court for taking bail...can court use it further for recovery of the amount???pls elaborate..thanking you in advance..



 3 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 June 2012



If somebody is giving the bail in the Hon'ble court. It means

1. He is only giving the assurance of the accused.

2. He is only responsible for the Bail bond's amount not for the full amount of case.

3. It is depend on the Hon'ble Judge decision that what he decide for the security of bail bond amount (any Immovable property / FD Paper / Auto Paper etc.)


Prasun Chandra Das (Banker)     15 June 2012

For attaching property/assets you may go for Garnishee order from the court. Speak to your lawyer on this - it may not be applicable to your case. 

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil     17 June 2012

Bail is just an order and surity gives assurance tor accused to remail present during trial.

Unless you win the case which may not be easy if contested and even thereafter the court gives compansation than only further action will arise.

This is a criminal case to punish the accused and not for revocery of your money.

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