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TAN SAN   11 March 2021

To understand the bail order conditions set by the court

Hello Respected Lawyers, I have a query with my Bail Order in reference to the meaning of P.R.Bond, Sureties & Provisional Cash Bail. My queries are as below:

1. "Applicant be released on bail in case registered with EOW, on furnishing P.R. Bond of Rs. 1 lakh with one or more sureties in the like amount." My query here is, what does a P.R. Bond stand for? And what does "WITH" One or more Sureties in LIKE AMOUNT mean?  I am not able to understand am I supposed to arrange sureties of 1 Lakh each, means multiple 1 lakhs or only ONE single surety of 1 lakh? (where it says ONE or MORE).

2. Can my Wife stand as SURETY? If yes, does she also has to pay 1 Lakh in cash or property worth 1 lakh etc. OR only her documents would be enough? She is salaried with a private company on contract basis from long term. She has her Salary Slips, Form 16/ITR, Pancard, Aadhar Card, Ration Card.

3. "The applicant is permitted to furnish provisional cash bail of Rs. 1 lakh for a period of three months. Registrar(S) is directed to accept the cash surety ATH." My query here is, that I was granted the above and my wife and paid the amount to the court and I was released on Bail. Now, what does PROVISIONAL CASH BAIL mean here? Does it mean that once I furnish a Single Surety of 1 lakh as mentioned in above Point 1, will the Provisional Cash Bail amount be refunded back? 

Bail Order was passed on 22-01-2021 & I was released on 28-01-2021 from Judicial Custody. 21-04-2021 my 3 month period will end. Hence kindly help me in understanding the above points as how should I proceed further.

I am released on a Conditional Bail with my undertaking given to the court as, I will deposit the said disputed case amount in a period of 3 years from date of release.

My sections are as below:

EOW for the offences punishable u/secs. 406, 419 & 420 of IPC and Secs. 3 & 4 of MPID Act.

I was behind bars from July 2020-January 2021. I had appointed a lawyer but obviously for my bail process but he didnt do the groundwork on the case properly and my bail application on merit basis was rejected earlier and I had to forcefully go in for this Conditional Bail option.

Kindly provide me with proper guidance and correct advice on the above mentioned WORDINGS/CLAUSES of the bail order and then would definitely like to engage a good MPID Lawyer for my case.

I am located at Mumbai.

Thanks in advance to all the peers in this forum.

P.S. I am attaching a part of the bail order within for perusal and better understanding of the context.

Thanks and Regards

Tan San



Learning

 9 Replies

M N Shaikh (Addl District & Sessions Judge)     11 March 2021

yes your wife can stand surety
2 Like

Adv. Morzaria (Advocate )     11 March 2021

Your matter on the next date of hearing is kept for complaince of undertaking submitted at the time of seeking bail.

As far your surety is concerned , it will be required to be submitted in accordance with Registrar of Court of Sessions.

For further clarity you may share your contact details with advocatemorzaria@gmail.com
2 Like

deepak patel   11 March 2021

@Tan San

you have to arrange 1/2 sureties who can show 1 lakh rupees cin his account or capable of 1 lakh rupees in case the accused not cooperating.

you also can arrange 2 sureties of 50k , 50k showing your documents
2 Like

TAN SAN   11 March 2021

Is this 1 Lakh considered as 1 Lakh per month income of the surety or is it considered as Per Annum income? Thanks.

Richy Ganga   11 March 2021

no lawyer would provide u the information without consulting fees,I'll charge very less i.e 3000indian ruppees,u can pay me or Google pay on 9214500008,I'll give u suggestions. with a past judgement of the court

Umashankar Patel   11 March 2021

PR bond means personal bond and surety means solvent surety, for the like amount means amount fixed by the court or Investigating Officer to release the accused on bail. Except accused of that case anybody can stand surety for the accused.One lakh each with two means each surety has solvent property of Rs.100000/- but they have not to deposit cash, only they have to produce documents.
3 Like

Adv. Chakshu Shukla (advocate )     11 March 2021

PR Means personal recognition bond under sec 441 CrPC. Any person can be a surety who will take responsibility of attendance of accused in the court whenever the court requires and it includes your wife also . With one or more sureties in the like amount - it means you have to present one surety of Rs. 1 lakh  or more than one surety of Rs. 1 lakh .and yeah you understood point no . 3 correctly. once you produce pr bond + surety(one or more) of 1 lakh and file an application for refund of amount deposited in lieu of executing bond u/s 445CrPC.

3 Like

Hitesh Prajapati   12 March 2021

firstly Congratulations on getting bail, we are dealing with MPID matters, The ground work for bail in MPID matters is something which is not properly taken care of in many MPID matters and thus as a result, the accused just doesn't get bail atleast on merit.
we would like to understand the issue and answer your query
you may whatsapp on +91 9172944555

Brazillia Vaz   12 March 2021

Greetings Tan San,

I would like to try and clarify your queries mentioned above in my opinion:

1.Your first query being what is a "PR Bond" it is a Personal Recognizance Bond, better known as a “PR Bond“, is granted by a court judge once the review of an individual’s case and criminal history has been completed during a pre-trial hearing. In majority of the cases where PR Bonds are granted, the judge has determined that individual does not pose a threat to the community, and is accountable to return for the hearing in the future. To shed further light, obtaining a PR Bond means that your anticipatory bail has been granted and when the police wants to arrest you then they demand your Personal Bond along with surety and when you submit your Personal Bond along with surety, the police will release you and the other members. Furthermore, your query on "furnishing P.R. Bond of Rs.1 lakh with one or more sureties in the like amount" this means in my opinion that, you have to present one or more( 50k each surety) surety of Rs. 1 lakh, and they will have to produce the required documents as proof.

2. Next being the matter of surety, Section 126 of Indian Contract Act defines Contract of guarantee. It defines a contract of guarantees a contract to perform the promise or discharge the liability of a third person in case of his default. To put it plainly, the person who gives the guarantee is called “surety”. Consequently, when the principal debtor fails to pay(you), the surety comes into role. To answer your query, yes, your wife can stand as your surety, she should have solvent property worth the sum. In matter of fact, any person can stand as surety who will take responsibility for the attendance of accused in the court whenever the court requires.

3. Lastly, yes, you are correct in aspect of "does it mean that once I furnish a Single Surety of 1 lakh as mentioned in above Point 1, will the Provisional Cash Bail amount be refunded back?" Once you produce a P.R Bond in addition with a Surety as requested by the court, you will further have to file an application for refund of the money deposited in the bond. 
 

I hope this sheds some light. Thank you!

Best Regards,

Brazillia


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