Bail is the money a defendant must pay in order to get out of jail. In the order copy putting Arvind Kejriwal into judicial custody, the Metropolitan Magistrate Gomati Manocha says that the Code of Criminal Procedure envisages only two kinds of personal bonds, first being when a person furnishes his own bond with one or more sureties and the second being the execution of  own bond without sureties. The similar concept in USA is that of unsecured bail. Talk to our expert for Rs. | Powered by. The personal bond with one or more sureties would mean that a third person (surety) is made responsible for the obligations of the accused and he would be made to pay the bail amount on the breach of the bail conditions by the accused. Some states will also allow defendants to post their own property bond, which allows them to avoid using a bail bond company. In 1966, Congress enacted the Bail Reform Act of 1966, which changed that by giving non-capital defendants a statutory right where a Constitutional right was lacking, to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. In both cases, it is a bond - meaning it is fully refundable as long as you comply with the proceedings of the court. It is important to note that a surprisingly large percentage of those arrested for minor crimes are released on a personal bond. But no such concept is followed in India. In such a situation the court in its discretion asks the person acting as surety to keep collaterals worth the amount of the bail bond as a security with the court. As noted, it is often a large sum that is difficult to provide. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. Thousands of people in Indian jails are languishing despite being charged under bailable offences just because they have been unable to furnish bail money. Traditionally, the defendant pays the b… He claims to have given only a written assurance of his presence in those cases. Arvind Kejriwal claims to have been released without need of any bail in earlier cases filed against him such as the case filed by Shila Dixit’s associate against him and the case by Kapil Sibal’s son against him. Bail bond is physically posting the cash amount with the court. 499 for 30 minutes and get all your questions answered. Those arrested for a major crime are offered bail bond for … Personal bond vs bail bond is another distinct issue. In light of the current debate regarding Arvind Kejriwal’s release on bail it becomes important to understand the minute differences between personal bond and personal bond with surety. Thus Arvind Kejriwal’s demand of release on oral undertaking is not well founded under law. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. Bail Bonds Vs Cash Bond. The words “bail” and “bond” are often used almost interchangeably when discussing jail release, and while they are closely related to each other, they are not the same thing. Bail means the total amount of money required by a court to allow the release of a defendant. Personal bond is showing assets that cover the requisite bond amount - letting the court know what it can go after to recover the amount in case you run away. Bail bond is physically posting the cash amount with the court. But such a written assurance amounted to giving personal bond which the metropolitan magistrate was ready to accept to grant him bail. The personal bond with one or more sureties would mean that a third person (surety) is made responsible for the obligations of the accused and he would be made to pay the bail amount on the breach of the bail conditions by the accused. Such a personal bond without sureties is granted by the courts on taking liberal interpretation of the law when the accused is indigent or is unable to furnish the bail bond. A bond is the bondsman’s pledge to make good on the bail if the defendant doesn’t appear before the court. We will call you within 24 hour of payment. The individual is booked and processed through the legal system, but does not have to pay bail. It is a different thing if he is protesting the law itself, as to why should one have to pay for bail in a case like defamation –  that is a different case altogether. While often used interchangeably, bail is not the same as a bail bond. It is the money that is put up as security, to assure that the defendant will appear for trial. The concept similar to this is the release on personal recognition in USA. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, How to Register Cyber Crime Complaint with Cyber Cell of Police – Online Complaint Procedure, Street Vendors Act: Rights Designated or Rights Impounded, How to establish the art of cross-examination, Dying declaration and it’s importance for rape victims, How to defend your client in white collar offences. There is a space on the court’s bail bond form that asks your permission to use the money for court cost and fines if any. Let’s consider an example of $15,000. What is BW 5000? Here the accused is released on recognizance when he promises to attend all the judicial proceedings and not to engage in any prohibited activity. Such a bond is an unsecured appearance bond. A defendant can put up cash, which is not practical when the amount is large, or can go to a bondsman and obtain a bond. A bond is posted on a defendant’s behalf, usually by a bail bond company, to secure his or her release. When you go through a bail bondsman, again, it is imperative that you read any forms that you sign and if necessary ask the bondsman to explain anything that you do not understand. However, they are issued a citation with a date to appear in court. In both cases, it is a bond - meaning it is fully refundable as long as you comply with the proceedings of the court. What is the difference between bail vs bonds? Introductory price and one time offer. Bail is not intended as a punishment in itself. How much sureity will be taken in BW 5000. ‘Bail’ connotes the process of procuring the release of an accused charged with certain offence by ensuring his future attendance in the court for trial and compelling him to remain within the jurisdiction of the court.[1]. In such a situation the court in its discretion asks the person acting as surety to keep collaterals worth the amount of the bail bond as a security with the court. Personal bond is showing assets that cover the requisite bond amount - letting the court know what it can go after to recover the amount (in case you run away). Arvind Kejriwal rejected to take the bail saying that he be granted bail on oral undertaking. On the other hand the personal bond without sureties would mean that the person is released on his personal undertaking that he would regularly attend the court and in case of default would forfeit to the government a sum of money. Courts accept this as assurance because the defendant loses his property if he flees. The bail bondsman then pays the court a portion of the bail monies and guarantees that the rest will be paid if the defendant disappears. But as per the judge there is no such concept of releasing the accused in India. There are various forms of bail. Bail is the cash payment paid by the defendant himself or by someone on his behalf. What updates do you want to see in this article? This is an inhuman and colonial procedure of law which must be amended keeping the changing standards of time in mind. © Copyright 2016, All Rights Reserved.