The Bail and Bond are two terms that are being used substitutable by people throughout the world.
When a person gets arrested by the police then he or she has to report to the court of law for final judgment. Here, the accused or his family might demand bail i.e. a temporary release of the accused based on the deposit of some security face only in the condition that he or she is awaiting the trial.
When a 3rd party go-between that is a broker or a bondsman is answerable for the debt and obligation of the person under impeachment then it is called a Bond.
Bail vs Bond
The difference between Bail and Bond is that bail is the temporary release of a potential convict whereas the bond involves a broker who facilitates the goods if in case the convict fails to appear in the court. In bond, it is always an intermediator party that takes the headache and complete accountability of verdict in terms of any commitment or onuses pending.
Since you all of learned the basic difference between Bail and Bond, now it is time for you to understand the points of difference and comparison of both the terms.
Comparison Table Between Bail and Bond (in Tabular Form)
|Parameter of Comparison||Bail||Bond|
|Definition||When a small amount of fees is paid on behalf of the person accused and the court grants him permission to stay out of jail then it is bail.||If the convict does not appear in jail after set time and duration the entire offence shifts to the broker or bondsman, then such term is called a Bond.|
|Fine or Fees paid by||The convict himself if capable of or someone else who wants to support him like family, friends or relatives.||The additional separate party broker or bail bondsman.|
|Consideration||In case of Bail, cash is the only consideration that is kept as evidence.||In case of a bond, the 3rd party broker takes the complete concern of all the obligations and debts of the convict.|
|Nature of Money||In case of bail, the money deposited is completely refundable once the bail period or tenure is over.||In the case of a bond, the money deposited will not be returned back even after the dues and obligations are completely met by the convict.|
|Cost Incurred||The cost and expense in bail are relatively lower.||The bond and especially the fees of the 3rd part bondsman makes it costly deal.|
|Nature of the Deal||Bail is completely secured by government rules and guidelines.||Bond is also completely secured by government rules and guidelines.|
What is Bail?
Bail is processed by which a convict gets a temporary release from the jail by paying an amount as collateral that will be refunded when he/she joins back the court of law.
As per the administration rules and regulations, the court will charge some security amount to the convict and will allow him to be out of jails after they fulfill all the conditions.
The bail expense is always remunerated in cash and is fully returnable to the accused in jail. The amount can be either paid by the accused on his own or someone close to him like supports, household or relations.
For the amount to refunded completely the convict has to follow all the rules and guidelines set by the court.
Anticipatory bail is a special bail that is granted by the high court under Indian jurisdiction to an accused that has a nonbailable warrant. However, the person is not yet in police custody.
Also, bail is always implemented for definite tenure as per the orders by the court or the rule of law.
The bail quantity or the dues to be paid by the criminal is comparatively inferior and fully returnable when associated to other trials.
What is Bond?
A bond is considered as a formal written promise that has the permission of both the convict as well as the broker or 3rd party bondsman who agrees to fulfill all the obligations and duties of the convict.
The bondsman will help and caught responsible if the illicit or convict missed the target and time set by the court of law or the judgment part for conclusion making.
It is the process adopted for release of a probable convict, who is awaiting his trial in the court again some criminal charges and is in the police remand.
It is the commitment by the intermediate person duly signed that they will be responsible for any failure or misconduct of the convict during the remand period.
The convict pays an additional 10% interest on the bond’s actual value to the bondsman along with their security.
Unlike bail, the bond is nonrefundable and has to be paid in full by the 3rd party agent or broker or the bondsman as per the guidelines set by the court of law.
The bond total or the fees to be paid by the villain is relatively advanced and non-refundable when matched to other trials.
This is because of the bondsman payments and the bonus awareness tangled in the process.
Main Differences Between Bail and Bond
Although both are the part and parcel of the court of law, there exists a lot of difference between Bail and Bond when it comes to fees, duration and risk involved.
- The Bail involves the temporary release of a convict under trial by paying a small amount of fee as per the rules and guidelines whereas Bond involves a 3rd bash involvement who takes the concern of the offender.
- Bail Amount is fully refundable if the convict follows all the court guidelines whereas the Bond amount is nonrefundable by nature.
- The Bond consideration is paid by the Bondsman whereas the bail consideration is to be paid in currency by either the convict or his close friends.
Frequently Asked Questions (FAQ) About Bail and Bond
What is a bond for jail?
A bail bond is a form of bail payment provided on a defendant’s behalf by a bail bond agent.
When defendants use a bail bond agent, they pay the agent a fee and the agent acts as a surety, telling the court that they will pay the full bond amount if the defendant fails to appear at court due to any unforeseen circumstances or any mishap.
Who qualifies for bail?
When a person is arrested for the commission or suspicion of a crime for which the punishment is not death or imprisonment for life, such person may apply to the Area Magistrate for releasing him on bail.
If the court thinks it fit to release him on bail, it can pass such an order. Crimes such as murder, half murder, kidnapping, etc. are non-bailable crimes.
How long can they hold you in jail without a bond?
Jail is a place where a person goes when he has committed a crime which is not legal in the law books.
Those people who were arrested for very serious crimes like murder or domestic violence have to stay in jail until the hearing of the bond.
The majority of the states cannot hold any suspect in jail for more than 72 hours without filing any charges against that particular individual.
On what grounds can bail be refused?
A bail is a form of pardon or temporary release from police custody. This order is given by the court. The main reason for the bail getting refused is that the accused person has done something which is not pardonable. Bail is also refused in the scenario if the person is believed to do more crimes while he or she is out on bail.
How many types of bail are there?
Bail is basically of three types. The three types are as follows:
- The first type is the regular bail which can be granted to a person who has already been arrested and kept in police custody.
- The second type of bail is the cash bail where the accused pays the full amount of the bail as fine.
- The third type of bail is released on citation bail.
Can you get out of jail if you have no bond?
If you have received a no bond, this means that you cannot be released out of jail by paying a bond until a bail amount is set by the assigned judge.
However, in practice, it mostly injures those who want to make bail and get on with their case. There are other reasons for being denied bail.
Thus, for getting out of jail, the accused person has to have a bond or the charges against the accused should have been dropped.
Who keeps the bail money?
If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances.
If the person does not show up in court, that money will be forfeited and you will not see it again.
Thus, in order to get the bail amount back, the person has to show up in the court at the exact time which has been prescribed to him by the judge or any other opponent lawyer.
Both the terms i.e. Bond and Bail are the core pillars of any court and judgment process.
They are often referred to as Bail bonds wherein the accused person applies to the judiciary body and might be released on set terms and conditions by forfeiting a small amount of fees as per the rules. The bail bond is also termed as a surety bond.
The bail process involves releasing accused of specific terms by paying returnable fees as custody to the convict.
But all in all both Bail and Bond forces are the pillars of law and order in any country and keeps its citizens safe.
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