ABA granted but surety date not mentioned

734 votes

A surety is a person who acts as a guarantor for the accused and has to deposit an amount, as in your case Rs. 15000 to the court. This surety has to be done immediately on the same day or maximum within next couple of days of the ABA order Delay can cause cancellation of the ABA

Advocate Devang Manjrekar LawRato

765 votes

1. Meaning of the Court Order: The court has granted you Anticipatory Bail (ABA) with the following conditions: You need to execute a Personal Bond of ₹15,000 each. A personal bond is a written promise by the accused to appear before the court as required, without needing to deposit cash upfront. You are required to provide one surety of the same amount (₹15,000). A surety is a person who guarantees that you will comply with the bail conditions and appear before the court. If you fail to do so, the surety may be liable to pay the bond amount. 2. Timeline for Producing the Surety: Generally, when no specific date is mentioned in the order for producing the surety, it is expected to be completed promptly, as a part of complying with the bail conditions. Delaying this unnecessarily might create complications. However, in some cases, courts may allow the production of surety at a later stage, such as at the time of filing the chargesheet. This would depend on the specific court's discretion and the circumstances of the case. 3. Suggested Actions: It is advisable to produce the surety as soon as possible to avoid any potential issues or confusion. Delaying this might give the prosecution a chance to argue non-compliance with bail conditions, which could lead to complications. If you wish to produce the surety only at the time of the chargesheet being filed, file an application in the same court requesting an extension of time for furnishing the surety. Ensure that the application provides valid reasons for such a request. 4. Additional Precaution: Ensure that the surety you present is someone who is financially reliable and fulfills the legal criteria for being a surety (e.g., possessing valid identification and proof of sufficient assets or income).

Advocate Kiran Ashok Gangurde LawRato

768 votes

No, you have to produce the sureties early before filing of the Chargesheet, if you want to completely seek the benefits of Anticipatory Bail and does not want to get it cancelled. You have to comply with the conditions mentioned in the order as soon as possible.

Advocate Pankaj Bajaj LawRato