Bail-bond conditions & process in India

1. Bail-Bond
“Judges should be more inclined
towards bail and not jail.”
Justice V.R. Krishna Iyer
“Jail is an exception, bail is a rule.”
Prof. Dr. Mukund Sarda

2. Bail-Bond
BAIL: A bail is basically a
financial arrangement that a
bail bonding agency will make
on behalf of the criminal
defendant.
BAIL-BOND: Generally, Bail
Bond is a document in which
a prisoner and one or more
sureties guarantees to pay an
amount fix by the court that
the prisoner will attend the
hearing of the charges against
him. If he is released on Bail.

3. Definition & meaning
As per definition given under Black Law’s
Dictionary the meaning of Bail-bond is “When
collateral is used to keep a defendant out of jail
before hearing. It’s a percent of total bond. It is
taken if the person does not appear in the court.
A bail bondsman help to pay this bond debt”.

4.  The amount is to be paid by surety at the time of bail-bond
is 10%-20 % as fixed by the court.
 The court may ask for the payment of full-bond at the time
of release.
 In case the defendant fails to fulfill his promise and
doesn’t appear in the court then the liability is on the
surety to pay the fine.
 Exceptions:
 Death of person, met with an accident and in a very
critical condition or any other

5. Types of Bond
 Personal Bond:
A judge may allow an accused to release him on bail by taking bond
stating that a criminal defendant will appear at all future court dates.
The accused doesn’t have to post bail, but will forfeit the amount in the
bond if the promise to appear is broken. Here the offence committed by
him is not of very serious nature or a minor crime of non-violent nature.
It is also known as a release on recognizance bond. Here, no need to pay
any amount for getting the bail.
 Surety Bond:
This type of bond involves a friend or relative, with the help of a bail
agent can get a bail for the accused. If an accused is not able to pay a
large amount in cash for the bail, a bail agent from a surety company will
promise to pay the entire amount of the bond to get the bail of the
accused. If the accused not appears in the court the bail agent has to pay
the entire amount promised for the bond. As in this surety bond a friend
or relative is involved, the bond agent believe that the accused will appear
for the trial without fail.

6.  Property Bond:
If the accused is not able to pay the bail amount in cash but one
can obtain the bail by showing property in lieu of cash. The
accused have to show the equal value of property in exchange to
the cash. But if the accused fails to appear before the court on
the stipulated date, the property kept as guarantee will be
foreclosed by the court.

7. Bail-Bond fee
The fee for the bail-bond is always decided
by the judge of the court it may be only
10%-20% is to paid at the time of bail or
the full bond payment may be demanded
by the court.
The amount of the bail depends on the
following conditions:
 Seriousness of the crime, in terms of
injury to others.
 Suspect’s criminal record.
 Danger that the suspect’s release
might pose to the community.
 Suspect’s ties to the community, family
& employment.

8. Bail-Bond Agency
 This type of agency existed in the
type of surety bond.
 There may be a bail-bond agency
who charges a fees in exchange
for the posting of the bond.
 Usually they charges a fees of
10% of the bail amount.
 They may also demand collateral
before posting bond as the agency
will be responsible to pay the full
bail if the suspect jumps bail or
fails to appear as promised.

9. Parties for Bond-Execution
• Sessions Court, High Court &
Supreme Court
• Police Officer (SHO) or
investigating officer
Authority
• Under-trial prisoners
• Convicted prisoners
• Suspected persons
• Under- appeal prisoner
Defendant
• Bondsman (by bond-agency)
• Relatives & friends
• Himself
Surety

10. Steps for Bail
Arrest of person
Friends & relatives contact - Attorney
Contact Bail Agency near to jail for bail
assistance
Bail Bond real estate Agent accepts
Documents are to be reviewed and signed
by friends & family
Defendant Released

11. Bail Indemnity Contract
Bail Bond Application Form
Deposit of money
Surety Form no. 2 sealed , 2 passport
size photographs of surety
Id Proof, Address Proof of surety &
Financial Statements of surety
Documents required for bail bond

12. Bail Bondsman
 A bail bondsman puts up a fee for the release of a suspect
on bail
 They usually charges a fee of the 10% of the money i.e.
required to pay the bail.
 This initial fees is non-refundable even if the case is thrown
out after the suspect posts bail.

13. Bail Bondsman- Rights & Liabilities
 A bail bondsman will take out a security against a defendant’s
assets in order to cover the costs of the bail.
 If the defendant does not have enough assets, then the
bondsman may take out security against individuals, such as
relatives or any friend of the defendant who are willing to
assist.
 When securities are taken out a bondsman often requires that
10% cash payment in addition to mortgage on a person’s home
that would equal the full amount of the bail bond money owed.
 In case of non-arrival in court the bondsman has the power to
hire a bounty hunter to track the defendant down.
 Right to file the case against defendant for the recovery of the
payment made by him in case of the default of the appearance
in the court.

14. Rights & Liabilities of surety
 Surety is under the liability to pay the fine in case of any
breach of bail condition.
 Surety has the right to arrest the defendant in case of
breach of bail condition and shall be given to the police
officer in charge.
 Surety has the right to sue the defendant for the money
paid by him by his breach of bail condition.

15. When Surety gets discharged?
 When the defendant fulfills the condition of
the bond by appearing in the court on the
specified date.
 If the terms of bond becomes impossible to
execute, such as by the death of the
defendant or by his or her arrest, detention,
or imprisonment on another offense in the
same or different jurisdiction.

16. Consequences of breach of Bail
Conditions
 Bail conditions are supervised by the Bail
Supervisor in probation office:
 He shall be held in jail until a bail revocation
hearing is held.
 Depending on the type of crime judge may
release the prisoner or may increase the bail
money.
 If breach is serious bail will usually be revoked
and accused will not be allowed out of custody.

17. Judgments
 State of Rajasthan v. Balchand, 1977
While the system of pecuniary bail has a tradition behind
it, it may well be in that in most cases not monetary
suretyship but undertakings by the relations of the
petitioner or organisation to which he belongs may be
better and more socially relevant.

18.  Moti Ram v. State of M.P. 1978
A poor man was arrested and Rs. 10,000 was
fixed as surety and further court refused to allow
his brother to become a surety as his property
was in adjoining village. Appeal was filed before
apex court.

19. Supreme court gave following directions
 An accused person shall not to be require to produce a surety
from the same district especially when he is a native of some
other place.
 Bail covers release on one’s own bond, with or without sureties.
 Bail should be given liberally to poor people simply on a personal
bond, if reasonable conditions satisfied.
 The bail amount should be fixed keeping in mind the financial
conditions of the accused.
 When dealing with cases of persons belonging to weak categories
in monetary terms- indigent young persons, infirm individuals or
women- court should be liberal in releasing them n their
personal recognizance.

20.  Hussainara Khatoon v. State of Bihar, 1979
Several under-trial prisoners were in jail for more than 5-9
yrs without their trial have begun. Majority of them were
accused of trivial offences warranting punishment only for
few years. A petition was filed before court.

21. Supreme court gave following directions:
 The under-trial prisoners shall be released forthwith on
personal bonds, not based on monetary obligations.
 The court observed that even while releasing the accused
on personal bond it is necessary to caution the court that
the amount of bond which it fixes should not be based
merely on the nature of charge. The decision as regards
the amount of the bond should be an individual decision
depending on the individual financial circumstances of the
accused.
 The court observed that Courts must abandon the
antiquated concept under which pretrial release is ordered
only against bail with sureties.

22.  Times of India v. State of Bihar, 2006
A suo-moto PIL was initiated by Patna High Court for the
efficient and effective enforcement and implementation of
the amended provision of Section 436A of CrPC.
In pursuant to the directions issued by High Court the
government filed an affidavit stating that 247 prisoners
were entitled to get the bail under sec 436A of CrPC.
In its interim order court gave the directions for the
constitution of a jail cell for districts and sub-divisions
which would have a free hand in evolving procedure to
regularly monitor such cases of under-trial prisoners.

23.  Re: Regarding various irregularities at Central Jail,
Tihar, 2007
A bench of High Court took the notice of the problem of
overcrowding in Central Jail, Tihar. An inquiry report was
called.
With regard to release of under-trial prisoners from jail-
 If admitted to bail but unable to furnish sureties for more
than 2 months shall be released on their personal bond.
 In case of under-trial prisoners who are from other states
other than delhi, local surety shall not be insisted upon
granting bail.

24. Thanks & regards