Editor’s Note: CrPC divides offenses as bailable and non-bailable. Bailable offenses are those which are shown as bailable in the First Schedule (eg.-Defamation, Cheating, Unlawful assembly, Bigamy etc.) or which have been made bailable by any other law for the time being in force ( eg.- Offences under Dowry Prohibition Act, 1961 etc.)
The examples of non-bailable offenses are the Acid attack, Murder, Sexual Offences, Robbery, Dowry death; offenses under the Protection of Women from Domestic Violence Act, 2005; Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 etc.
In simple terms, bailable offenses are less heinous offenses as clear from above examples and non-bailable offenses are heinous in nature. In case of bailable offenses, the accused has right to be released on bail without resort to Court. Whereas, non-bailable offenses have a prescribed procedure for grant of bail.
Chapter XXXIII (Sections 436-450), Cr.P.C. deals with provisions as to Bails and Bonds. The said Chapter is exhaustive enough to provide for cases in which may be given in Bailable and non-bailable offenses; bond instead of Bail; competent Court to grant Bail; Sureties in case of bail; forfeiture of bond; cancellation of Bail and bail bond etc.
We have previously covered the documents required for Filing a Regular Bail Application in High Court and also Bail Application for non-bailable offence [Sample].
The following post has been contributed by Ms. Neeraj Kumari. She is a junior counsel and appears regularly before Punjab & Haryana High Court and various District Courts.
What is a Bail Bond?
A written promise signed by an accused person or a surety (one who ensure the presence of accused in the court when required by the court) to ensure that the accused will appear before the court at such time and date, as ordered by the court. The bail amount is determined by the court when bail is allowed, which is corresponding with the gravity of the alleged offense.
Procedure for furnishing a bail bond
If the accused is granted bail, when in custody/when filed anticipatory bail/ when a complaint case is a file against any person and warrant is issued/ issued warrant in any other case/ in case of acquittal/ in case of sentence/ in case of grant of probation, then accused is require to give bond with surety or without surety as require by the court and bail bond of such amount as directed by the court.
All the affidavits shall be attested with Oath Commissioner
Following documents and formality need to be fulfilled for furnishing a bail bond –
- Two photographs of surety,
- Identity proof of surety,
- Identity proof of Identifier (the person who identify the surety and accused before the court stating that he knows the surety and accused personally and all the identity proofs are of the accused and surety are true).
- Document of the property /house/land etc. verified/attested by the Patwari and Tehsildar of the concerned Ilaqa where such property situates with evaluation of such property /house/land etc; or
- Registration card of Vehicle free from Hypothecation with bank/agency. Photocopy of Registration card of Vehicle will be kept by the court original is only required for verification,
- Court fee/stamps as required by the court.
Types of Bail Bonds
1. Personal Bond
A personal bond is a written promise signed by an accused person in a criminal trial to appear before the court when required. In case of failure to appear, the Court will forfeit the bond amount and issue an arrest warrant against the accused of taking him into judicial custody.
No affidavit is attached in this case generally because the credibility of accused is under question. ( Draft/annexure of a personal bond is given below)
2. Surety Bond
A surety bond/ bail bond is a written promise signed by a surety in a criminal trial to ensure the presence of accused before the court when required. In case of failure of the accused to appear, court will forfeit the bond amount/property and issue an arrest warrant against the accused for taking him into judicial custody.
(Draft/annexure of surety bond/bail bond is given below)
3. Acquittal bond (U/s 437-A Cr. P. C.)
An Acquittal bond is a written promise signed by acquitted person and surety in a criminal trial to ensure the presence of accused before the court when summoned/noticed by the court and same is received by one of them or by the both. In case of failure to appear, court will forfeit the bond amount/property and issues arrest warrant against the accused for taking him into judicial custody.
(Draft/annexure of Acquittal bond is given below)
4. Conviction Bond
A Conviction bond is a written promise signed by accused person and surety in a criminal trial to ensure the presence of accused before the court and to file an appeal in the court within 30 days and get bail continued. In case of failure to appear, the court will forfeit the bond amount/property and issues arrest warrant against the accused of taking him into judicial custody.
(Draft/annexure of Conviction bond is given below)
(Affidavit – same as in above)
5. Juvenile Bond
A Conviction bond is a written promise signed by parent/guardian in a criminal trial to ensure the presence of juvenile before the juvenile justice board and to care, supervise the juvenile etc. In case of failure to appear, juvenile justice board will forfeit the bond amount/property and take the juvenile into custody.
(Draft/annexure of Juvenile Bond is given below)
Note– The amount of stamp to be affixed varies from State to State.