You are considered innocent until and unless proven guilty if you are taken into custody and charged with a crime. Since you are presumed innocent, posting bail, a written promise to appear in court, entitles you to be released from detention until your scheduled court appearance. It's possible that you'll need to post bail with money.
If the court determines that you are probably to commit an offense while you are out on bond, it may refuse to grant bail. You will not be granted bail if you are sent to the Special Criminal Court for trial unless the Director of Public Prosecutions grants it.
Bail Laws: About
- Even while the Act doesn't define "bail" specifically, it does define "non-bailable offense" and "bailable offense," which are both defined in Section 2(a) of CrPC.
- A person accused of a crime may be granted bail, which is the temporary release of the accused in return for a financial commitment to appear in court whenever the time comes.
- It is a tool used to obtain someone's release from official custody. Additionally, it is an agreement that he or she will show up at the appointed time and location and submit to the court's authority and ruling.
Bail Surety: About
- Any natural person may act as a surety. There cannot be any artificial person or thing acting as a surety.
- Surety is often referred to as a bail bond in India. It is an assurance to the court that the person charged will show up for hearings and that only then will they be allowed to leave custody. It is an agreement between two people that allows the accused to be released on bond.
- To put it another way, a surety is someone who promises to the court that they will answer for the accused person's appearance in relation to his bail bonds.
- According to Section 441(4) of CrPC, a surety may be rejected if the magistrate is not satisfied with their trustworthiness, identity, fitness, or sufficiency.
Bail Surety Liabilities: Important Dynamics
- Abandonment of Bail: The court can declare the bail abandoned if the accused refuses to show up for court as ordered. It also means that the surety must agree to pay the complete bail money as soon as it becomes due.
- Responsibility of the Bail Surety: It is the surety's responsibility to make certain the defendant shows up for all planned appearances in court. The person who guarantees the release could be required to give the court the full bail sum if the perpetrator fails to show up.
- Assessment of Risks: Before granting bail, the surety analyses the risk associated with each defendant. Factors include the defendant's previous criminal history, community connections, and willingness to appear in court.
Bail Surety: Consequences
- Serving as a surety for a criminal suspect is a significant responsibility that shouldn't be treated lightly.
- Even if you want to keep a friend or loved one safe, you should be sure you know exactly what your obligations are.
- You are not inextricably linked to the accused just because you are a surety. You can return to court and request to be released from your obligations if you feel that you are no longer able or willing to serve as a surety.
- However, take note of the fact the accused will subsequently be taken into custody.
Bail Surety: Landmark Rulings
- In the case of Moti Ram v State of MP, the verdict states that if the surety or the accused is impoverished, the court must reduce the amount of bail that is required. Furthermore, the Supreme Court decided that a surety's or an accused person's bond could be included in bail. The court may let the accused be released on his own bond if he is impoverished.
- In the case of State of UP v Bhola Ram, it was determined that the surety was needed to guarantee the accused's appearance in court following their release, not to receive payment. A contract with an accused party is not the same as a contract with a surety. Therefore, a surety can be anyone who can guarantee the accused's presence in court.
You ought to make sure you understand all of your obligations before agreeing to stand in for an accused criminal. Sharks of Law team of criminal lawyers are available to help and provide you with a thorough explanation of the proceedings.
As experienced criminal defense lawyers, it can take up your loved one's case and work to get them released on bond so you may step in as their surety. Contact Sharks of Law right now to schedule a free consultation.
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