Bail vs. Bond: What’s the Difference and Why It Matters
Two terms are very commonly used in the Indian criminal system: “Bail” and “Bond.” Both these terms are very common, but people are quite confused about the difference between them. Whenever someone is arrested, the first question is whether he can get bail or not? What is the role of a bond when the accused is released on bail? In today's blog we will discuss the difference between bail and bond, as well as the important role both play in legal proceedings.
What is a Bail?
Bail is a legal process through which an accused person is temporarily released from arrest. In simple words, when the court feels that there is no risk or harm in releasing the accused, the court releases the accused after paying a certain amount like bail amount or fulfilling certain conditions.
Purpose of Bail: Bail is a fundamental right under which the accused must be released under certain conditions until the charges against him are proven. The main purpose of bail is to ensure that the accused is released, but it is also important for the accused to appear at every hearing.
Conditions of Bail: Before granting bail, the court imposes certain conditions on the accused- not to remain absent in the court hearing, not to tamper with the evidence, not to influence the witnesses.
Types of Bail: There are three types of bail - regular bail, anticipated bail and interim bail. The process and consciousness of each bail is different.
Generally people consider bail as a kind of right but it always depends on the discretion of the court whether to grant bail or not. The court grants bail after taking into consideration all the evidence, facts and circumstances.
What is a bond?
A bond is a form of promise or security that the accused has to submit to the court to ensure that he will comply with the court's conditions and appear when required. In many jurisdictions, bonds are used interchangeably with bail. But there are subtle differences between these two terms.
Security or Undertaking: In bonds, more focus is on financial security or collateral. If the accused fails to meet the conditions of the court then his security can be confiscated.
Personal Bond vs. Surety Bond: On personal bond the accused is released on his or her personal recognizance. In which the accused will have to appear in the court hearing and follow all the conditions. A surety bond involves a third person called the surety. Bail is a type of guarantee given to the court that if the condition fails then the surety will have to bear the financial loss and also pay a penalty.
A bond is a kind of assurance that the accused will abide by the conditions of his bail. If the accused does not abide by them, the bond is cancelled or the amount deposited as security with the court is confiscated.
Difference Between Bail and Bond
Bail and bond are usually considered the same thing but there is a subtle difference between the two:
Definition and Scope
Bail: Bail is a type of legal process in which the accused is released under certain conditions.
Bond: A bond is a document signed by the surety and accused, promising to abide by the terms of the bail.
Financial Aspect:
Bail: At the time of bail, a certain amount has to be deposited in the court. Sometimes it is a personal bond, which requires no money deposit, just a promise or personal commitment.
Bond: A bond is always presented as a financial or legal guarantee. It may involve a surety, also called a guarantor. The surety ensures that the accused will comply, otherwise the surety's property or deposit will be seized.
Legal Implications
Bail: After getting bail, the accused is released from jail. But bail is given on certain conditions. If the conditions are violated then the bail can also be cancelled.
Bond: A bond is a kind of promise + financial support. If the accused violates the terms and conditions, the bond is broken which can lead to the money or property being confiscated by the court and the accused can also be arrested again.
Usage
Bail: The term bail is mostly used for temporary release at the court or police station level.
Bond: Bonds are often used in formal legal documentation, where the surety and the accused must sign a bond stating the terms of the bond.
Process to Procure a Bail
Application for Bail
You or your lawyer submit a bail application to the court.
This application states why you are seeking bail, what your criminal history is, whether there is a danger of you absconding, etc.
Court Hearing
The court hears the bail plea. The prosecution also gets an opportunity to present its arguments. After that the court decides whether bail should be granted or not.
While granting bail, the court takes into consideration certain conditions such as the gravity of the offence, possibility of tampering with evidence, previous criminal record, how strong the social roots of the accused are – i.e., whether he will flee after being released.
Grant or Denial
If the court is satisfied then the accused is granted bail. If this does not happen, bail is not granted then the accused has to remain in custody.
Conditions
Certain conditions may be imposed while granting bail such as – the accused has to appear at the hearing, cooperate in the investigation, not contact any witness, submit his passport, etc.
Bond Execution
While granting bail the accused has to sign a bond (personal bond or bail bond).
The bail process works broadly this way, but can sometimes vary depending on the facts of the case, the type of crime, and the jurisdiction.
Bond Execution Process
The bond is executed when the accused is granted bail by the court and the following procedure is followed before he is released:
Draft and Terms of the Bond
The bond is drafted by the court or your lawyer, which includes all the terms and conditions like – personal details of the accused, bail amount, bail details and conditions.
Verification of Surety
If the bond is surety-based, then surety verification is also done. In surety verification, the court ensures that the surety is financially capable of paying the fine if the accused violates the conditions.
Signature and Submission
Both the accused and the surety sign the bond and then appear in court. This bond is called a legal commitment.
Court Approval
After all this, the court gives the final approval. If the court is not satisfied on any point, then the court can ask for further documents or additional surety.
Release From Custody
When the bail application is accepted with all the conditions, the accused is released after complying with all the conditions.
Important Tips
Hire a Competent Lawyer: The legal process is usually complicated. Hire an experienced bail lawyer like Advocate Subhash Ahlawat. Advocate Subhash Ahlawat has years of experience, you get your case-specific guidance. He helps you prepare a strong bail application, making the bond execution smooth.
Gather Documents Early: If a surety is required at the time of bail, then the surety's property papers, ID proof and financial documents must be kept ready. If there is a delay in this, then the bail process can also get delayed.
Appear in All Hearings: When bail conditions are agreed upon, the most basic condition is that the accused must appear when called for a hearing. If the accused fails to do so, his bail may be in jeopardy.
Do Not Violate Any Condition: While granting bail, certain conditions are imposed such as - not to contact witnesses, to cooperate fully in the investigation, not to tamper. Do not take these conditions lightly, because there is a possibility of cancellation of bail if the conditions are violated.
Maintain Good Conduct: When the accused is released on bail, he should always take care of his social life and behavior. One should not get into any new legal hassles, as this can complicate your existing case even more.
Now we must have well understood the difference between bail and bond. While bail provides temporary freedom to the accused, a bond is a financial or legal security that ensures that the accused can comply with the bail conditions. Clarity in the legal system becomes very important so that decision makers can protect their rights well.
