Amount of Bail with Surety

April 11, 2023

If the court agrees to issue bail with sureties, the bail amount should be a fair amount that the accused can afford. The terms of a person’s bail should not be burdensome, coercive, or practically submerged with limitations. A surety cannot be disqualified by the court solely because his or her estate is located in a different state or region.

The right to be released on bail under Section 436(1) cannot be nullified indirectly by fixing too high the amount of bond or bail-bond to be furnished by the person seeking release. The case of Moti Ram v. State of MP (AIR 1978 SC 1394) demonstrates how the bail might be rendered unattainable by requesting that the petitioner execute sureties in an amount that is significantly greater than he is able to afford.  Section 440(1) specially provides that the amount of every such bond shall be fixed with due regard to the circumstances of the case and shall not be excessive If you want to be a judicial officer and are looking for best RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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