From the above analysis, we conclude that if the defendant executes the bond, if the guarantor executes the guarantee, the court cannot insist on the presentation of ownership documents, the guarantor does not need to be a government official or a blood relative or a local guarantor. The most common situation is for a friend or family member to file the cash deposit for the accused. In this case, the friend or family member assumes 100% of the risk to the defendant. They are now financially responsible for ensuring that the defendant appears in court. (a) a person provides to his own engagement one or more guarantees; This means that the third party (guarantor) is held responsible for the obligations contracted by the defendant and must pay the amount in the event that the defendant has committed a breach of the bond. Below are examples of a surety and a bail for presence in court or an officer in charge of a police station in India. The history of surety and suretyships dates back to 399 BC. J.-C., when the famous Greek philosopher Plato tried to create a link for the liberation of Socrates. The concept of bail in modern times evolved from England and is widely used in many common law jurisdictions around the world, including India. What are the differences between a guarantee and a cash obligation? How are they similar? We will address both of these issues in this article.
33 When fixing the amount of the security deposit, the Court must take account of the circumstances of the present case. But in any case, we must not exaggerate. This provision has been interpreted in court by the courts in various cases. The amount of the deposit must not be „expensive“. The bail condition should not be a „difficult condition“. a) Cash bonds – This is a type of deposit where cash is paid for the total amount of the deposit. It is paid if the defendant does not appear in court, as he should have done on a specific date. Refund of money is not provided.
A warranty involves more parties and is a bit more complicated. If you hire a surety debtor to deposit the deposit, you will pay a non-refundable premium to the surety debtor. This is usually 10% of the total deposit amount. A cash deposit is cash that is held as a guarantee of payment. When you release someone from prison, the easiest way is to reserve the full amount in cash. In the case of Kamal Bai Gopalrao Jamdar v. CJM, Gwalior[vi], it has been held that a natural person such as a bank or a company is not entitled to be a guarantee because it cannot fulfil the purpose of the guarantee, namely the appearance of a guarantor before a court. Chapter 33 of the Code does not stipulate that the guarantor must be a family member or a blood relative. The court cannot insist that guarantors should be local guarantors. Assuming that the defendant belongs to another district, state or even foreigner or that the defendant is a businessman or works here as Nepalese, Biharies, etc.
who do not have local guarantees, their relatives are also in Bihar, etc., it will be difficult for them to obtain local guarantees. There are many individuals with excellent features. Mahatma Gandhi is not a government official. But he is the father of our nation. However, according to current practice, which is adopted by some criminal courts, even Mahatma Gandhi cannot be accepted as a guarantor. Just because a person is poor and has no property, no money, no work, doesn`t mean you can`t say they`re disqualified from vouching. 43 Form No 45, annexed to Annex II to the Code of Criminal Procedure, is, in 1973, the form for the enforcement of the guarantee by the surety, in which a column is set out to determine the amount. The amount must not be excessive. (See § 440 Abs. 1 CR. P.C.). It shouldn`t be stressful.
It should not be such as to cause difficulties to the accused. Nowhere in Form 45 was the presentation of ownership documents mentioned. The practice of surety use in the United States is illegal here. Agreeing to pay a defendant`s loan for money is a crime similar to witness manipulation or bribery. (3) If the case so requires, bail shall also require the person released on bail to appear if he or she is held responsible for prosecution before the High Court, the Court of Session or any other court. A warranty is a little more complicated. The U.S. Small Business Administration defines a warranty as follows: 56 In Sundar @ Ashok vs. Inspector of Police, T-16 Nazarathpet Police Station (Crl.O. S. No. 993 of 18.1.2017 of 2017), this Court has held that the court cannot expect the defendant or guarantor to be a person worthy of the name.
(See also Raghubir Singh and Others v. State of Bihar (1986 SCC (Crl.) 511). Me, (name) of (place) who was arrested or detained (or brought before the court) by the officer in charge of the police station without warrant, accused of the crime of………….. and obliged to guarantee my presence before such an officer (or court), provided that I participate in such officer (or court) every day that an investigation or trial relating to such an indictment takes place, and in case of non-loss of the sum of five hundred rupees to the government. 35 Section 441 of the P.C..C. 24 Sections 436, 437 and 439 of the P.C..C. set out how the Court is to deal with this issue, while section 438 P.C.C deals with the granting of early bail. Articles 440 to 450 cr.P.C. deal with the enforcement of sureties, both by the defendant and by the guarantors. This court and other courts will order the defendant to grant bail of Rs.
5000/-, Rs. 10,000/-Rs.15,000/-, Rs. 20,000/-, etc. and also produce guarantees, which should also perform an obligation of a similar amount. Given the current value of properties, it is very difficult to obtain a property document for such a value. 40 The Code provides for the offer of cash guarantees (see Article 445 of the Cr.P.C.). Even when defining the cash guarantee, the amount must not be excessive. (See § 440 Abs. 1 CR. P.C.).
At first instance, the court cannot require a cash guarantee from the accused. The offer to provide cash security must come from the accused. Article 439——- Special powers of the Supreme Court or the Court of Sessions regarding bail „If you release me now, I guarantee that I will appear on my date of hearing. If I don`t show up, you can keep my money. Article 446—— Procedure when a bail has expired 60 Thus, a judge or a judge of session or a court which requires the production of documents of property or R.C. Book or any other document proving proof of movable or immovable property with regard to the amount of the surety or surety is against the law. It violates Article 21 of the Indian Constitution. It violates the saying of the honourable Supreme Court`s decision in Maneka Gandhi v. Union of India (above). A PERSONAL BOND is intended as an obligation that a person arrested by a court or summoned as a defendant will appear in court on the next hearing date and will be present at all hearings during the trial.
A personal bond is signed by the accused. It also includes a guarantee that if the person does not appear in court, he will be liable to fines (in the case of Kejriwal Rs 10,000) and criminal prosecution. Kejriwal had refused to sign this undertaking. A GUARANTEE is given by another person, usually someone with influence or authority over the accused, as a guarantee that the defendant will be present in court. If the defendant does not appear, the guarantor loses the money. 31 §§ 440 to 450 Cr.P.C. deals with the provision of deposit guarantees. Bail guarantees are offered by the accused and guarantees by guarantors (see § 441 Cr.P.C.). Deposit obligations are of two types, namely the personal obligation and the ownership obligation.
This can be offered by the defendant and also by the guarantor. There is another category. This is a cash guarantee (see § 445 Cr.P.C. 57 In Motiram (loc. cit. O.) and in the case of Raghubir Singh (loc. cit.), it was held that the condition of bail could not be imposed in such a way that a rich man could be released from prison on bail, while a man who had no money, no property, who was unable to provide such a guarantee, had to suffer in prison. `A guarantee shall ensure the conclusion of the contract in the event of default by the contractor.
A contracting authority (called a creditor) is looking for a contractor (called a principal) to perform a contract. The contractor receives a guarantee of a guarantee. When the Supreme Courts grant bail, they order the defendant to enforce the bail both by himself and by the guarantors. Unless otherwise stated, „deposit“ in the deposit or early deposit order means a personal bond. In such circumstances, courts that order guarantors to produce property documents go beyond the scope of the Supreme Court`s bail order. „6 (iv) The applicant must enter into a bond of Rs. 15,000/- (rupees only, fifteen thousand) with two guarantees which shall be bound by blood, each for a sum similar to the satisfaction of the said judge.“ 41 Sometimes a defendant who is a complete stranger in the region or who has no friends or relatives in the area, or who has not been able to obtain a guarantor from a person, may offer a cash guarantee ….