Response

Yes FD’s i.e fixed deposits can be submitted as surety before the court. In most of the cases bank usually asks for property papers or documents of the vehicle of surety amount. After that only the bail is granted.

This can be used as a surety provided it fulfills two conditions:
1. It has the permission of the court which you can take by filing an application which can be drafted at our end
And
2. The money whether it is sufficient for surety and whether it has matured or not.

If it he money has not matured the Courts willingness not be inclined generally to involve the banks in the sureties .

When a person has been convicted for an alleged crime, he/she can apply for bail. In case of a bailabe offence, as has been stated above, the accused will have to file an application as Form – 45 provided in the second schedule. This application will be filed with the help of you lawyer in the court where the case proceedings are to be heard. The court will approve the bail only if it thinks fit to do so. Without an Application for Bail, it is not possible to get Bail.When an individual is already convicted and applies for appeal in the higher court, he can apply for bail during this time.

Reference: Section 437 of Code of Criminal Procedure

Section 438 of Code of Criminal Procedure

Section 439 of Code of Criminal Procedure

202100317-20210042-3681

LAWAYZ-2023-260