Can fixed deposit be submitted to obtain bail

664 votes

There is no bar in depositing cash surety in court but fixed deposit is not allowed unless it is made in favour of concerned court . If court allows U can take particular from Court Nazar . It is purely at the will of concerned judge.

Advocate Harminder Syal LawRato

992 votes

Yes FD's i.e fixed deposits can be submitted as surety before the court. In most of the cases bank usually asks for property papers or documents of the vehicle of surety amount. After that only the bail is granted.

Advocate Satish Mishra LawRato

724 votes

yes, you can place the FDR as a surety. there is no complications in this regard. when you submitted the FDR as a surety, then you have gave undertaking in the form of affidavit, that in case the accused failed to appear before the Ld. Trial Court, then the prosecution has got the right to encash the said FDR.

Advocate Raj Kumar Mahay LawRato

273 votes

Using Fixed Deposits for Bail
In certain legal situations, individuals may seek bail, which is essentially temporary release from custody during ongoing legal proceedings. One common question is whether a fixed deposit (FD) can be submitted to obtain bail. Here are some key points to consider:

1. Eligibility for Bail: Bail is typically granted based on various factors, including the nature of the offense, the individual's criminal history, and the likelihood of them appearing for trial. The court's primary concern is ensuring that the accused person complies with legal proceedings.
2. Financial Surety: Courts often require a financial surety or a bond as a guarantee that the accused will appear for trial. The surety can take various forms, such as cash, property, or FDs. FDs are considered a legitimate form of financial surety.
3. Procedure for Using FD for Bail: To use an FD for bail, the accused or their legal representative must inform the court about their intention to provide an FD as security. The court will assess the FD's value and may require specific documentation related to the FD, such as a certificate from the bank or financial institution holding the FD.
4. Value of the FD: The court typically sets a specific amount for bail. The value of the FD should meet or exceed this amount. It's essential to ensure that the FD's maturity date aligns with the expected duration of the legal proceedings.
5. Release of FD: If the court accepts the FD as surety, it will be held by the court until the conclusion of the case. Once the case is resolved, including any potential fines or penalties, the FD may be released or returned to the accused or their representative.
6. Legal Counsel: Seeking legal advice from a qualified criminal defense lawyer is crucial when considering the use of an FD for bail. They can guide you through the legal process, including the submission of the FD and any associated documentation.

Advocate Chikirsha Mohanty LawRato