Bail Definition Law In India In Nassau

Category:
State:
Multi-State
County:
Nassau
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Non-bailable offences are more serious in nature and are punishable with imprisonment for three years or more. Some examples of non-bailable offences are murder, rape, dacoity, and kidnapping.

Non-Bailable Offenses These offenses often include capital crimes like: Murder (Article 248, Revised Penal Code) Rape (RA 8353 or the Anti-Rape Law of 1997) Plunder (RA 7080, as amended by RA 7659)

Bail in India: Meaning, Types, Conditions: The Constitution of India states that bail is the right of a person i.e. Bail and not Jail. This clearly states that the person, who is accused and charged for any civil or criminal offenses, has the right to apply for the bail.

Comparison of the Costs Across Different states in India: Bail amounts and court fees can vary significantly from state to state in India. For example, the bail amount for a non-bailable offense in Delhi can be as high as ₹ 2 lakhs, while in Rajasthan, it can be as low as ₹ 10,000.

If the accused satisfies the trial court i.e.; the court which ordered his conviction that he wants to prefer appeal then in such cases if such accused person being on bail is sentenced for the term not exceeding three years or if such accused person being on bail is convicted of a bailable offence then in such cases ...

File the Application: Submit the anticipatory bail application to the appropriate court, usually the Sessions Court or High Court, depending on the jurisdiction. Ensure that the application is filed in the court with the authority to grant anticipatory bail.

- The accused must furnish a bail bond and sureties as directed by the court. - The accused must appear before the court on the designated dates to maintain their right to bail. - The accused must not tamper with evidence or influence witnesses, as this could lead to the cancellation of bail.

Bail Amount: The bail amount is set by the court and is typically a percentage of the alleged offense's maximum penalty. The higher the bail amount, the more expensive the bail application becomes.

Regular Bail is applied for after an arrest, while Anticipatory Bail is applied for in anticipation of arrest. Both types of Bail require a formal application to be filed with the court and a bail bond, which is a monetary deposit made to the court as security.

Conditions for Grant of Bail in bailable offenses: Sufficient reasons to believe that the accused has not committed the offense. There is sufficient reason to conduct further enquiry in the matter. Not accused of any offense punishable with death, life imprisonment, or imprisonment up to 10 years.

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Bail Definition Law In India In Nassau