Bail Definition Law In India In Middlesex

Category:
State:
Multi-State
County:
Middlesex
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Form preview
  • Form preview
  • Form preview

Form popularity

FAQ

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.

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.

The bail bond amount is determined by a judge based on several factors, including the severity of the alleged offense, the defendant's criminal history, and the perceived risk of flight. For more serious charges, a judge may set a higher 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.

In India, bail is the legal mechanism that reconciles the accused person's right to freedom with the public interest of ensuring their appearance in court for trial. It involves the judicial release of an accused person from custody, subject to the condition that they will appear in court at a later stage.

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.

Types of Bail in India 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.

Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days, one needs to apply for regular bail. But if the person is arrested, he must produce his Anticipatory Bail and also file for regular bail during the stipulated time of the Anticipatory Bail.

More info

The literal meaning of the word "bail" is surety. Bail, therefore, refers to release from custody, either on personal bond or with sureties.Bail is defined as temporary release of a person who was accused in a criminal case and who is still awaiting a trial in the court. Bail is the conditional release of a person accused of a crime, for an amount, pledged for the appearance of the accused when the same is due in court. The Salem witch trials were a series of hearings and prosecutions of people accused of witchcraft in colonial Massachusetts between February 1692 and May 1693. The bowlers, delivering the ball with a straight arm, try to break (hit) the wicket with the ball so that the bails fall.

Trusted and secure by over 3 million people of the world’s leading companies

Bail Definition Law In India In Middlesex