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Himanshu Sharma   17 May 2021

Vehicle against bail can be sold?

Respected Board

I have a car being used against the bail of a relative in a case in Sec138 and now I want to exchange the car. Is it possible that I can pray to court to allow me to exchange the car and present the papers of the new car against the old one ?


Himanshu Sharma




 7 Replies

Vandan Kumar   17 May 2021

yes, You can do.

Himanshu Sharma   17 May 2021

Hello sir!!

Thanks for your kind reply.

Is it also possible if I can exchange and later tell to the court as if the courts are closed and I have to change the car asap due to some technical faults.


G.L.N. Prasad (Retired employee.)     18 May 2021

Contact your advocate and if possible offer the amount that equals the value at the time of confiscation, to remove any charge by the court with RTO and it is always proper to get specific permission to avoid complications, and let things wait for such written permission from the competent court and also state these facts to purchaser.

Sankaranarayanan (Advocate)     18 May 2021

Better to seek advise from the advocate as pointed by expert Mr.Prasad.. i do stand with his reply

P. Venu (Advocate)     18 May 2021

The facts posted are less than convincing. It is seldom that motor vehicles are offered in surety for bail.

T. Kalaiselvan, Advocate (Advocate)     18 May 2021

You men to say that you have given your car as surety in the bail bond  which you want to sell now?

In that case you may have to execute a fresh bond before the court to an equal sum but with the permission of the court concerned, you my or may not be permitted depending upon ho strongly your advocate argues in your favor to convince the magistrate.

You may discuss with your advocate and proceed as suggested. 

Dr J C Vashista (Advocate)     19 May 2021

Whether RC of the vehicle is submitted in surety for bail in the case ? 

If so, you will have to seek permission of the court to seek permission from the court.

Your counsel is the right person to advise you properly.

Vague and confusing facts, where presumption may not fit in the opinion and obligation of experts on this platform..

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