Do I have to apply for bail in first date in NI case (Digital Court)?
11 months ago
My friend gave a cheque as security in 2016 and they filed the case in 2022 but reply to legal notice his lawyer mentioned reason it was "misplaced" which is incorrect. Now we stuck with two versions. He received summon yesterday, and he is going to appear N.D.O.H and let me be very clear that no bailable or non bailable warrant issued against my friend. As proceeding in digital court (Saket Court)
Q,1 : I want to know bail application and Bail Bond is mandatory even accused appearing on that day irrespective of BW/NBW issued or Not ?
Q. 2: If yes, how do we know the amount for Bail Bond before appearing the Court? As summon mentioned that you would be required to furnish bail bond on the date of hearing which can be Email to the Court and they don't specify any amount for that. Who will inform Amount for that and When?
Q.3: After appearance and bail, what will be next Stage?
Q.4: What will be the best defence for that cheque misplaced or security cheque?
My answers are as follows:
Q,1 : I want to know bail application and Bail Bond is mandatory even accused appearing on that day irrespective of BW/NBW issued or Not ?
Ans: Yes, pendency of BW/NBW is not necessary to take bail. However it is mandatory to take bail on first hearing itself.
Q. 2: If yes, how do we know the amount for Bail Bond before appearing the Court? As summon mentioned that you would be required to furnish bail bond on the date of hearing which can be Email to the Court and they don't specify any amount for that. Who will inform Amount for that and When?
Ans: The Court will decide cash surety between Rs.4,000/- to Rs.10,000/- if your friend fail to furnish other surety by way of property belonging to one of his friend.
Q.3: After appearance and bail, what will be next Stage?
Ans: It will be posted for plea and on his negative answer it will posted for evidence.
Q.4: What will be the best defence for that cheque misplaced or security cheque?
Ans: It depends upon the various factors. Normally, it will be ended in conviction and Accused as on option to prefer appeal to Sessions Court thereafter to the High Court thus 2-4 years time is available to the Accused to pay the said amount.
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