In simple terms, a ‘bail’ is the release of an accused individual in any criminal matter wherein the court is yet to declare the judgment. The bail to any suspect occurs only if they can guarantee their attendance in the court during the case's hearing. Bail is a sort of conditional liberty to the individual.
Bail bonds are security deposits kept by the accused with the court as an assurance of their presence during the hearing. It is a type of contract prepared by the bonding agency on the suspect’s behalf. The court judges decide the percentage of the charges.
Types of Bail
Different bails from the Supreme court and their bonds are an integral part of criminal law. The seriousness of the crime determines if an individual will be granted bail or not.
- Regular Bail – Bail applications get filed under Section 437 and 439 of the Criminal Procedure Code for standard bails. This bail gets granted to those who are under police custody after the arrest.
- Interim Bail – This bail gets granted before the hearing of grants regarding anticipatory/regular bail for a short period.
- Anticipatory Bail – Any person who finds out that they may get arrested by the police for some non-bailable violation can file for the anticipatory bail from supreme court. This bail should be filed under Section 438 of the Criminal Procedure Code. Once this ‘before the arrest’ bail gets granted, the individual cannot get arrested by the police.
However, there are some sections and cases where the bail can be harder to get. The Narcotic Drugs and Psychotropic Substances Act, 1985 is one such act where getting an NDPS bail act lawyer might be unhelpful.
Types of Bonds
- Cash Bonds – This bond cannot be refunded. When an offender fails to appear in court on an appointed date, the bail’s full amount must get paid.
- Surety Bonds -This bond stands when the accused is unable to pay the whole amount at once. The bail bondsman issues it. There is a ‘surety’ individual who takes the ‘principal’ guarantee before the ‘obligee’ to pay the amount.
Special Leave Petition
Bails Special Leave Petition in the Supreme Court has a significant position. This ‘residual power’ should get used only when insignificant injustice has happened, or the law stands questioned. The Supreme Court, after the filing of a petition, may review any judgment from the High Court or other courts within 90 days of the decision.
Advantages and Disadvantages of bonds
When you’re in a position where you need to get your loved one or yourself bonded, it can be challenging, and it can be harder to see the advantages and disadvantages.
Advantages:
- The most crucial benefit of bonds is that you can get them at any time of the day because all bond companies are open all day.
- Bail bonds also help save money as the individual will pay only 20% of the total amount. You can also pay the money in installments, online, or offline.
- All the companies that provide help with bail bonds can give appropriate legal advice too.
Disadvantages:
- The bail bond system can be discriminatory to the lower class who do not have enough money.
- The bail bond company can only help you where they are licensed.
- They take 10% of the premium as their fee.
To win any case successfully, you need to have a criminal defense lawyer in Delhi, Mumbai, Chennai, or any other city. Always ask questions to the bail bond agents if you have doubts. Follow the legal procedure, and if it is a small penalty, you will get through it. Take a deep breath and stop worrying; this too, shall pass.
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