A bail bond is written document signed by an accused person and his friends or families (known as surety), to ensure that the accused will appear before the court at the scheduled time and date, as ordered by the court. The bail amount is determined by the court, which is corresponding with the gravity of the alleged offence, if the accused fails to appear before the court on the trial date.
The bail bond acts as a security for the appearance of the accused on which he is released pending trial or investigation. The bail bonds ensure that the person doesn’t miss trial. In case the person who has furnished the bail bond misses trial, the court can forfeit the property or cash against which bail was granted to such person. It can even summon the surety on whose guarantee the person was granted bail and ask him/her about the whereabouts of such person.
A bail bond must contain the name of the person furnishing it, the district magistrate before whom the bail bond is being furnished, the charge under which such bail bond is being furnished, the date on which it is being furnished, the sum to be paid and the signature of the person furnishing it. It should also contain an undertaking by the person furnishing it regarding appearing in the court when required. Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition. If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
Draft of Bond and Bail Bond under Criminal Procedure Code, 1973 after Arrest Under a Warrant
I (name), ___________ of ___________ being brought before the District Magistrate of ______________ (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of ____________ do hereby bind myself to attend in the court of ____________ on the _____ day of ________,20__ to answer to the said charge, and to continue to attend until otherwise directed by the court, and in case of my making default herein, 1 bind myself to forfeit to Government, the sum of Rs. _________.
Dated this ________ day of __________ 20__
(Signature)
I, do hereby declare myself surety for the above named ______________of ____________ that he shall attend before ________________ in the court of _______________ on the ____ day of __________, 20__, to answer to the charge on which he has been arrested, and shall continue to attend until otherwise directed by the court and in case of his making default therein, I bind myself to forfeit, to Government the sum of Rs. ___________.
Dated this ______ day of ____________, 20__
Signature
A bail bond is a legal document and it requires certain documents for its proper execution, such as, id proof of the person executing it, id proof of the surety giving guarantee for the person, demand draft or cheque for the sum to be paid for furnishing the same, property papers in case a property is being charged for the purpose of furnishing the bail bond, etc.
Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
A bail bond is part of the court procedure and the legal considerations are necessary to be followed while furnishing the same. This is why the execution of a bail bond must take place in accordance with the directions provided by the court before which the bail bond is being furnished, otherwise the same can result in cancellation of bail. The sum as asked for by the court for furnishing the bail bond shall be provided in the exact manner as directed by the court. The proper id proofs of the surety and ownership documents of the property shall be submitted as prescribed by the court. The conditions as stated under the bail bond regarding appearance shall also be followed accordingly.
A criminal case is a complex issue to deal with in a country like India where there is a huge pile of criminal cases pending in the court of law. Criminal procedure in India involves various steps that would require you to deal with the police at numerous stages and would also involve going to court. This is why it is essential to have a criminal lawyer to help you through the procedure and to guide you with the best possible way to resolve the criminal issue. An experienced lawyer who is an expert in handling criminal cases can help you with your bail issue and can assist you in furnishing the bail bonds. They can represent your case in the court on solid grounds owing to their years of experience in the field and can also help you ensure the best possible outcome for your case.
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