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January 18, 2018 at 11:13 am #3778
Please suggest us that : At the time of verdict/order in criminal case u/s 420, if the verdict is conviction then what is the process of arrest or bail? Do they arrest the accused same day or give some time to surrender to police? If the verdict is acquittal then is it possible that the previous vouch/zamanat giver can give the bail again? Please give me some detailed information regarding vouch/zamanat giver? Like who can give zamanat/vouch? Is there any rule for the vouch giver who is not from the same city or district? How many time any person can give vouch for the same person/accused? What type of documents we need if you go for vouching any person? The reason behind these question is that we are facing the FIR/case in another city and district and even the advocates are not very much sure about the outsider vouch giver. We want to go with full preparation as one vouch giver is from our city adn we will take him to court (other district). He has given the previous zamanat, can he give again zamanat for me? Because Bathinda court always ask for fresh zamanat giver with fixed assets and even the documents from his tehsil office regarding his house. Thanks Sir
January 18, 2018 at 5:11 pm #3788
Dr. Ashok DhamijaAdvocate
In case of conviction, if the sentence awarded is more than 3 years, then the trial court does not have the power to grant bail. However, if the sentence awarded is up to 3 years only, then the trial court has the power to grant bail to the convicted accused under Section 389 of the Cr.P.C., pending appeal if he was earlier on bail.
If the trial court is not granting bail, then the accused may be taken in custody immediately at the time of passing of sentence order.
In case of acquittal, the newly inserted Section 437-A of the Criminal Procedure requires execution of bail bonds with sureties by the accused. The previous surety can also provide the surety bond again, but it may have to be given afresh after acquittal under the above legal provision.
Section 441 of the Cr.P.C. requires “sufficient sureties” to for bail bond of an accused. Sub-section (4) of this Section further provides that: “For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.”
Generally, it is required that the surety should be in a position to ensure the attendance of the accused on bail on the required dates and also that the accused does not abscond, etc.
It is not necessary that the surety should always be from the same city or state. Even an outsider can be permitted to stand surety. But, the court has to take a decision in this regard regarding the sufficiency of the surety.
There is no restriction in law as to the number of accused persons for whom a person can stand sureties, but he should be a sufficient surety being in a position to ensure the attendance of the accused, etc. However, please note that Section 441-A of the Criminal Procedure that: “Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.”
Therefore, if a person is already a surety for other persons, he has to make a declaration as above. It enables the court to decide whether he is a sufficient surety in the given circumstances.
Normally, a surety would need a solvency certificate or property documents, etc., for standing surety. You may make enquiries from the local court or the local advocates about the nature of documents that you have with the surety. Show the documents to them in advance.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.
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