WHAT ARE BAIL CONDITIONS AND HOW TO FULFILL THEM?

This shorticle, being the last-one from the series – “HOW TO INITIATE/DEFEND CRIMINAL ACTION”, focuses on the very last activity that an Accused person has to undergo so as to obtain Bail.

QUICK RECAP:

1.   Accused is arrested.

2.   Accused is produced before Magistrate.

3.   Magistrate confirms the same and decides to continue his Police custody.

4.   After some time, Magistrate decides to change the custody from Police custody to Judicial Custody (i.e. in Jail as undertrial prisoner).

5.   Advocate of Accused files a Bail Application before Magistrate.

6.   Magistrate grants Bail to Accused after executing a CERTAIN AMOUNT OF BOND or SURETY, and also imposes certain CONDITIONS.

WHAT IS BOND and SURETY & WHAT ARE THESE CONDITIONS:

The Judge, while passing a Bail Order directs the Accused person to execute a Bond with or without Sureties for a certain amount of money. To make the above sentence a tad-bit easier, a BOND is nothing but a personal guarantee that the Accused gives to the Court guaranteeing that he will not flee justice and will produce itself before Court as and when required, and if he fails to do the same, a certain amount of money shall be freezed from his Bank Account.

Similarly, a SURETY is a person who stands as a guarantee to the Accused guaranteeing his presence before the Court as and when required, and if the Surety fails to oblige the same, then a certain amount of money shall be freezed from his Bank account. 

In addition to imposition of Bond and Surety, the Judge also imposes certain CONDITIONS as per Section 437(3) of CrPC, which includes, but not limited to, as follows:

1.   Accused must attend the respective Police station for certain time-period for the purpose of ongoing-investigation;

2.   Accused shall not commit a similar offence or shall not tamper the evidences in any way;

3.   Accused shall not make inducements, threats or promises to any person related to the offence;

4.   And any other conditions that the Judge deems necessary.

The Bail Order clearly mentions as to what is the monetary amount of Bond and, whether or not Surety is required to obtain Bail. The bottom-line is that an Accused has to fulfill every Bail condition(s) in order to obtain Bail.

HOW TO FULFILL BOND/ SURETY CONDITIONS:

Generally, a bail order always puts a condition to furnish one/two or more Surety for a certain amount, say 15,000/-, for the sake of example here. In order to make someone stand as a Surety to you, the following points must be fulfilled:

1.     Find a Surety;

2.  Bank Account: Confirm that the Surety has a Bank Account in a Nationalized Bank. In case of Joint A/c, make sure the Surety’s name is the first name in the Bank Pass Book. (Relevant Document – PASS BOOK);

3.   Minimum Balance: Surety maintains a minimum balance of Rs. 15,000/- (i.e. the amount mentioned in the Bail Order) since last 6 months. (Relevant Document – BANK STATEMENT);

4.   Ration Card: Surety must have a valid Ration Card. (Relevant Document – RATION CARD);

5.   Photo & Address ID Proofs: Surety must have valid Photo & Address ID Proofs, preferably of the same State. (Relevant Documents – PHOTO ID & ADDRESS ID);

6.   Not stood as Surety before: Surety must not have stood as a Surety for anyone else before. (Relevant Document – BANK STATEMENT);

7.   No Past Antecedents: No Criminal case/FIR is ongoing against the Surety at this time. (Relevant Document – SURETY FORM);

8.   If Surety is in Service:

a.    Pay Slips for last 3 months, and

b.   Surety’s ID card of the Company.

9.   If Surety is in business:

a.    Business Agreement/ Partnership Agreement, and

b.   House Agreement

10.    Legal Documents:

a.    Surety Application – Requesting to stand as Surety towards the Accused person;

b.   Affidavit of Surety - stating the relation with accused and that he is well aware of his liabilities towards becoming a Surety;

c.    Undertaking by Surety – stating that the documents attached are true and if found to be false, appropriate proceedings may be initiated against the Surety;

d.   Vakalatnama

e.    Copy of Bail Order

After submitting the above documents in the Court’s Office/Department, a hearing is fixed before the Magistrate who gave the Bail Order. Both the Surety and the Accused shall be present on that hearing day along with all original documents. The Judge, after observing the documents, will grant permission to the Surety to stand for the Accused person in the present case.

Congratulations, the Accused has officially obtained Bail now!

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END OF SERIES - 1

“HOW TO INITIATE / DEFEND A CRIMINAL ACTION”

 

NEXT SHORT-ICLE SERIES

 "HOW TO GO ABOUT CHEQUE BOUNCE PROCEEDINGS ?"

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ABOUT THE AUTHOR:

Advocate Shreyas Jain, being a legal practitioner based in Mumbai, specializes in Criminal Law and primarily deal with criminal matters placed before Metropolitan Magistrates and Session Courts at Mumbai & Thane. Mr. Jain is a first generation lawyer and believes in working and excelling at the ground level before going big. You may reach him at +91-7054407778 or through his e-mail jainshreyas1995@gmail.com

 

NOTE: VIEWS MENTIONED IN THE ARTICLE ABOVE ARE PERSONAL AND HAS NOTHING TO DO WITH ANY PERSON, PLACE, ORGANISATION OR ANY OTHER FALLING UNDER THE DEFINITION OF ‘PERSON’ UNDER INDIAN PENAL CODE, 1860