Guarantor and legal detais for bail with Mumbai Court
My uncle who is often going in India since 20 years got wrongly accused of a crime. He is being detained at Arthur Road Jail. As we are all in France, we can only proceed through the consulate until he is proven innocent (the accusations are ridiculous, and he is really ill so prison is even more dangerous for him).
As foreigners, we are having a hard time understand the Indian Legal System, and already got 3 different lawyers who tried to make us pay huge amount (French does not necessarily means rich, unfortunately), through western union. With no administrative paper whatsoever proving that they will defend him.
For now, the most urgent is the fact the he apparently got bail granted. However, we are getting a lot of contradictory comments, who are all vague and ask for a lot of money.
This is happening in Mumbai.
Here are a few questions to begin with :
1 - Is a Guarantor and a Surety the same thing ?
2 - If a Surety is required, can it just be an amount to directly pay to the court ?
3 - How are Bond and Sureties to different things (I suspect the english language here is confounding us). Or in a simple manner, what is a Bond ?
4 - Is cash bail the other way of calling the Bond ?
5 - What is required of the Guarantor to prove his/her validity as such ?
6 - How much in average cost a Guarantor ? We have been asked 1 lakh by our last lawyer (the Bond on the court paper was 30 000 Rs).
7 - Do you find the fees below reasonable ? If yes it going to be very hard for us to gather all of it :
1 lakh cost for surety/ gaurantor
Rs 25000 for my professional fees and
25000 for reports which includes surety report and police... This may increase if required or in case of any hurdles I shall inform you of the same."
8 - What is "surety report" and police, and what does it cost so much ?
9 - Does the follow up seems to be an appropriate and normal way to deal with the situation :
"If in case it's possible to take out Mr Karim immediately on the payment of Rs 30000 which will go to the Government of India, I shall do so. But this amount is excluded in this amount which is mentioned by me. In this case we can take out Mr Karim in a day or 2 and we can furnish the sureties after he is released out from jail. Or if u don't choose to do so, he will have to be inside in the jail till the time the surety/ Gaurantor is accepted by the Hon'be court of Mumbai." ?
10 - That lawyer said that the email sent to us was serving as an official guarantee. I do not know how it goes in India, but in France it is very old school, it has to be on paper. So what should we do ? We have been advised by somebody else, who only wishes to help (without money involved) to as for this :
" - Full Name and Adress Proof of your selected Guarantor, with a scan of his passport as well as his PAN.
- A scanned written certification that the money will be used (with the exact amount entailed) to release Karim Armand de Visme on your official Letterhead for Business Transactions. If you do not have a Letterhead, please do it on a 100Rs Stamp Paper."
Does this seem adequate and sufficient ?
I apologize for asking not one but 10 questions. My uncle as HIV and Hepatitis B. He enjoys helping people and planned to settle in India to Coach people (for happiness). Apparently, nothing has been proved against him yet, and he is simply being detained "in the meantime" of we do not no what. He told us they knew he was innocent, but that the Indian Justice (like the French one) was horribly slow. Therefore, before asking any questions on "how can somebody be treated like that on speculations", we need to take him out of Jail.
I thank from the bottom of my heart, anybody willing to answer those questions point per point. As to not get all mixed up. I would be really grateful if you could keep the order of the numbers to answer back too.
Looking forward for a great help.
Asked 3 years ago in Criminal Law from France
1. Yes, they are more or less same .
2. Surelty must in terms of a money and other assets which is to be furnished by some localite. You can not deposit the assets directly in court. You would require a local person.
3. Bond is the deed of guarantee by way of depositing money or money's worth through a person who is called a surety.
4.Yes. Bond is receipt to show that guarantee is furnished by the surety.
5. Mostly local sureties are licensed one and if personal surety is allowed then any relative of the accused can pose as a surety or guarantee.
6. Your current lawyer is extracting money from you. The cost of surety or guarantee is not more than 50% from the surety amount. in your case the cost should not be more than Rs.15,000/-.
7. A lawyer is entitled to only his professional fees. The fees made under different heads is a ploy to dupe you. As I told you earlier the lawyer apart from his professional fees requires surety amount not more than 50% . The other charge is simply bogus or sham.
8. The surety report is receipt of Bond. Its cost is not more than few hundred of rupees. Police may take some bribe but again it is not more a thousand rupees. Those are incidental costs and generally included in the fees of the lawyer only.
9. Well, only after furnishing Bind the Karm can get out of the jail. Calculate the fees as I have mentioned above.
10.This query is not clear to me. If any of you is supposed to stand as guarantor or surety then you can do so on the formality as asked but in that case surety amount should be much less.
Feel free to get in touch if you need my assistance.
answers to your question are:
1.Yes both are same
2. when a surety is presented money is not paid and if surety is not presented as per that much amount money is paid as cash bail, in your case if you do not have nay guarantors / surety can request the court to provide a cash bail . but it is the sole discretion of the court depending on the seriousness of the nature and party involved.
3. Bond is the furnishing ,signing document of the terms of the bail by paying amount if it is a cash bail or else presenting guarantor with his sufficient document and details.
guarantor is the person and the bond is the document which signed by the person who give the guarantee , if it is a cash bail then the accused himself has to sign it with the amount details.
4. Yes a cash bail is has to be signed an furnished as bond as mentioned already, in the bond it is mentioned whether it is cash or guarantor/personal bond
5. The guarantor has to be a domicile of Maharashtra if it is in Mumbai, having immovable property papers of the same place in his name or salary slip to show his worth, the address proof documents, like passport/ration card/ Aadhaar and Pan Id etc.
6. The bail amount if it is a cash bail only you have to pay 30,000/ in the court other wise the same amount surety/guarantor. This may be a lawyers charge or the guarantor 's charge to stand as a guarantor which has nothing to do with court,
7.Regarding the charges nothing to comment , there is no reasonable charges as such it depends on the lawyer and their fees. if a guarantor is arranged it is out of the way to get someone unknown to stand for an accused who is a stranger to him. lawyers fee is reasonable.
8. surety report is that the report police submit before the court regarding the genuinnes of the surety his credentials and documents submitted before it. This police has to do by their duty .
9. he will be released only after furnishing the surety and the whole terms of bail as per the order. The releasing order will be issued after furnishing the bail bond whether it is bail or surety or with both.
10. the email may be a guarantee of service by the lawyer . It is better to get a lawyer after talking to hem or verifying them on your on terms by speaking to them and make arrangements for the bail or else in person be present and see that things are taken cared well. If you are not in a position to look after the affairs here India related the case trust your lawyer for the best.
1. Guarantor and Surety is not one and the same thing. What your uncle needs is a surety. The courts may not grant bail to him except if he produces a surety.
2. A bond is nothing more than a declaration to abide by the legal process. Surety cannot escape his liability by paying the amount. He continues to be liable throughout the case. This is the reason why people are skeptical to stand as surety for an accused.
3. The surety has to prove his ability to support the bond executed by him. He can do so by producing the title deed of any of his immovable properties. In the event he fails to pay the amount the property can be attached and sold to recover the money. SImilar is the requirement in case of a guarantor.
4. Your lawyer is correct. The court may have asked only 30,000 INR, but it is no secret that sureties/guarantors demand their pound of flesh to come and support the accused.
5. An e-mail cannot be an official guarantee.
6. There is no unreasonable fee in the legal process.
7. If you cannot afford the fee then you may seek the assistance of State Legal Services Authority.