My Anticipatory Bail order says - "P.R. Bond in the sum of Rs.25,000/- each, with one or two sureties in the like amount". - Mumbai High Court 1) Can my father (retired) with property worth 50 Lakhs be the single surety for me (for 25000/-) ? Will we need to obtain solvency certificate ? We have the property valuation certificate. 2) Can one single person (salaried income > 25000/-) can be the surety without needing the solvency certificate ? 3) I have heard that solvency certitifcate is a must if one is standing for surety amount above 17000. Is it true ? 4) In case of a combination of one salaried person for 12500/ - and my father (retired) with property for 12500/-, will we still need the solvency certificate for the property ? If not, will we be required to deposit the property documents in the court ? Or just the valuation certificate is fine ?
1. There is no need of "solvency certificate" for PR Bond or for Sureties.
2. Just simply produce CA latest date certified Income Tax Returns of latest years, certified Bank Statements, Certified property documents. This is sufficient for Bail purposes.
Father is perfect surety or any govt. employee with 25k and above salary.
Is it true - No, false information.
NO certificate require in any case.
Just property papers or vehicle papers if not booked for serious offense.
If corruption case than property paper or salary clip.
1. See for the amount of Rs. 25000 solvency certificate is not required your father can be surety in same.
2. See for surety they will ask property details in case of salaried employee they can ask for salary slips and certificate.
3. See it depend on state to state here in gujarat upto 25000 certificate is not required though in case they are asking for same you can keep two sureties.
4. No.then in that case certificate is not required. No documents are not required to be kept in court.
Your father can be the sole surety for you
If court insists for a solvency certificate, then seek time to obtain and submit. Else not needed
Why you want to show property documents for the surety ship
The amount of Rs 25k is too insignificant in front of the value of the property which must be touching a crore
So why risk the property for a petty sum of Rs 25k
I'm sure your dad must be having other movable properties like bank FD or the likes. He can submit those instead
your father can be single surety for you
2)you would need the solvency certificate
3) on basis of property valuation certificate ,you can apply online for solvency certificate in mahrashtra
1. Your father's surety would be accepted if he produces the copies of the documents and the valuation certificate for the same.
2. The above answer suits this too.
3. It depends on the local procedure as there is no prescribed provision in law for this.
4. You may enquire from the advocate who had taken you out on bail about this who will clearly explain the procedures followed by the concerned court in this regard.
The procedures vary from one court to another in the absence of any strict provision for this, it is upto the satisfaction and the discretion of th magistrate to accept the sureties with or without solvency certificate.
- A Surety is a person who appears before Court and promises to a Judge/Justice to supervise an accused person while they are out on bail.
- Further also pledges or promises an amount of money to the Court by signing a type of Bond. Hence:
1. Yes , your father is alone a fit surety for his son , Registered property document in his name is enough , and solvency certificate is required . Further you can produce the valuation certificate on demand.
2. Yes, one single person , whose income is more than 25,000/- can be surety , but he will have to produce the Salary proof/certificate.
3. No, Not true.
4. Sound surety required .It means , that surety must have control over the accused of the case, and further his income from any sources should be more than 25000/- (in your case)
For single surety you will need solvency certificate from collectors office. It's better you can opt for 2 Sureties only income proof will required
1. Your father can be a surety. That is not a problem.
2. So far as the requirement of solvency certificate is concerned, this can be answered by only a Mumbai based lawyer as rules in every state are different. In my state no such requirement exists.
Your father surety would be accepted. you can apply for solvency certificate.
Yes your father can stand sutety for you in court.
No need to obtain solvency certificate.
Only attested copy of documents will be submitted in the court.
You have to give two sureties of 25000 each.
It depends on the notification passed by High court of Maharashtra that solvency certificate is needed or not.
Dear Sir,
Solvency certificate is issued to an individual, on his request, declaring his financial standing for the purposes such as standing surety in favour of somebody in a criminal case, for securing loans, for securing some business contract, etc.
