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Difference Between Bail and Bond (With Comparison Chart) - Key Differences
Difference Between Bail and Bond (With Comparison Chart) - Key Differences
On the event of arrest and imprisonment of an accused of a criminal offence, the accused must be
presented before the judge who gives his/her verdict concerning the accused’s bail order. The
term bail can be described as a provisional release of the accused charged with a crime awaiting
trial, by the deposit of security.
As against, the bond refers to the type of agreement in which a third party, i.e. bond agent or
bondsman enter into an agreement, to be responsible for the debt and obligation of the person
under indictment. The two terms are more or less related to one another. However, there exists a
fine line of difference between bail and bond which is explained in this article in a detailed
manner.
Comparison Chart
BASIS FOR
BAIL BOND
COMPARISON
Meaning Bail implies the temporary release of Bond is used to mean the
person under indictment, waiting for bondsman's pledge to
trial, by depositing a certain sum as make good, on the bail, if
collateral, to ensure his/her future the defendant fails to
attendance at the court. appear before the court.
Definition of Bail
/
By the term bail, we mean the release of the litigant, from police custody and entrusting him/her
to the private custody of the person, who guarantees the department to produce the litigant, to
answer the charge, whenever required. It is a court’s approval that allows the accused to be out of
jail, on the deposit of necessary amount and compliance to the necessary conditions.
In finer terms, bail is an agreement, wherein the person under indictment makes a written
assurance to the legal authority, that he/she will appear to the court until the proceedings are
finished with respect to the case and will adhere to the terms and conditions set out in the
agreement.
Further, a specified sum has to be deposited for availing bail, as security, which is refunded to the
person, if he complies with the conditions carefully and the same will be forfeited if the person
defaults in the fulfilment of the conditions specified in the agreement without reasonable cause.
An anticipatory bail is one granted by the Session Court or High Court, to an accused who
perceives arrest for the commission of the nonbailable offence, but is not yet arrested by the
police officers.
Definition of Bond
Bond can be understood as a formal written agreement, duly signed by the defendant and surety
to make good to pay the definite sum, if the defendant fails to appear the court for a specified
criminal proceeding, at the stipulated date and time. It is a mechanism used to avail the release of
the accused, waiting for the trial upon the criminal charges, from the police custody.
Bond is actually the commitment of the bonds person to fulfil the debt if the accused defaults in
appearing before the court. The defendant pays 10% interest on the value of the bond, to the
bondsman, along with the collateral.
Conclusion
The basic objective of arrest and detention of the accused is to ensure that his appearance to the
court, whenever he is called for trial. If that accused confesses the crime and is sentenced to
imprisonment, then he must be present for the same.
However, if the person under indictment can appear before the court, without being imprisoned,
then it seems unfair to keep him in police custody until it is proved that the crime is committed by
him only. Bail and bond are two such alternatives available to the defendant. While cash bonds
are termed as bail, the surety bond is termed as bond.