Bail Definition Law In India In Wake

Category:
State:
Multi-State
County:
Wake
Control #:
US-00006DR
Format:
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

- 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.

For smaller crimes, the accused will be allowed to apply for bail immediately. If the crime is complex, the accused may have to wait for 48 hours to claim his or her right in court. In the bail hearing, the judge may decide whether the accused can get bail or not based on various factors.

The Supreme Court on Tuesday (August 13) held that 'bail is the rule, jail is the exception' even in special statutes like the Unlawful Activities (Prevention) Act 1967. If the conditions in the special statute for the grant of bail are met, then bail should be granted, the Court stated.

Interim bail in India is a temporary release granted to an accused person from custody under Section 439 Cr. It can be granted to address urgent matters such as medical emergencies, family crises, or other significant personal issues.

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.

To successfully apply for bail in the Indian judiciary system, the following documents are essential: - A comprehensive bail application. - Surety documents and bonds. - Copies of previous bail orders. - Relevant case details and evidence.

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Bail Definition Law In India In Wake