Bail
Does a court of law refund the bail amount with interest?
Once the trial is over and an accused is judged innocent or guilty by the court of law, the bail amount is refunded in both cases or only if innocent?
By  shruti sinha  |  08 Mar 2016  |  Upvotes: 0  | 

3 Answer(s)

Vishal Kumar Thakur
Advocate

No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. However courts through it's order/judgment may ask the litigating party to pay the principal or any other dues with interest to they other party.

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Ravindra Purohit
Advocate
The bail amount is refunded by the court to the innocent at the end of his/her trial. The court does not return it with interest. The reasoning behind this is that the bail money is an assurance through which an accused person secures his immediate freedom, and undertakes to appear in the court till the trail is completed. Therefore, the court is not bound to provide interest on the amount withheld by it in the form of bail.
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Tushar Bhargava
Advocate

Courts return the surety after a trial is over whether the accused is proved as innocent or guilty. Normally, court doesn't take cash as surety but any other instrument which has some monetary value on realization like Fixed Deposits, Motor Vehicle RC, House or Land papers or even Salary Slips of a govt./semi govt employee does. Hence there is no reason or logic of giving any interest. Even if the surety is taken as cash, court is not a bank or financial institution to earn from your money. Since it is not possible to earn from your surety, be it cash or any valuable, court is not obliged to pay you any interest on that.

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