As Bail is the rule of law and which needs to be followed by the Courts. Similarly, return of seized Properties to the Accused before commencing of Trial or during Trial and / or as and when the Court hears such prayer from the Accused, it is legally bounden duty of the Court to direct […]
The Accused then invoke Section 457 of Cr.P.C. and claim the return of seized properties by the Police.
The Properties those seized by the Police during arrest of an Accused can only be restored to him by the Jurisdiction Court. The Accused upon his release on Bail may file a Petition under Section 451 of Cr.P.C. in the Court and prays for return of his properties seized by the Respondent Police. The Court[…..]
When an Accused was arrested and jailed he has only choice to get him released is by filing a Bail Petition under Section 436 / 437 of Cr.P.C. in the jurisdiction Court and prays for his release.
Yes. The Orders passed by the Appellate Court with respect to Anticipatory Bail mostly comes with a tag of expiry [to present required sureties]. The AB Order, if not executed within the timeframe, the same ceases its validity. Otherwise, the validity of the Order to present sureties with the jurisdiction Court ranging from 1 week[…..]
When an Accused apprehends arrest at the hands of the Respondent Police, he approach either the Sessions / District Court or the High Court by exercising the Cr.P.C. provision Section 438 and prays for his immediate release if arrested by the Respondent Police – who indicted him as Accused in the FIR.
There are two types of Bail; one is anticipatory and another one is regular.
Any person of 18 years and above can become a Surety. However, accepting and rejecting a Surety depends on the Court and the Court has complete privilege. Only the Court under whose Order the Surety is being given has the powers to modify and relax the terms and conditions imposed on it.
Surety is one who stands as Guarantor. In Criminal Laws, the private person who stands as a Guarantor and who appears in the Court, executes a Bond [for certain amount prescribed by the Court for the release of the Accused] and performs the process of suretyship is called Surety.
As far as the Bail and Bonds are concerned the Court that grants Bail has the power to cancel the Bail / Surety for change in circumstances.