Can I withdraw my FD used as guarantee in bail case?

Can I withdraw my FD, which is used as a guarantee in a bail case, even though it's not my case?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 19 Nov 2024

FD cannot be withdrawn that is used as a guarantee in a bail case when the trial is still going on and the order is not yet passed by the court or the court has not disposed the case. Only if the court grants to do with any other alternative means or with the advice of bank or the lawyer you can find ways to release your FD account. Section 441 and 446 of CrPC deals with sureties provided for the release of the accused and ensures the security is intact unless valid grounds of withdrawal are provided.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 18 Nov 2024

Withdrawing a Fixed Deposit (FD) that serves as a guarantee in a bail case is generally not allowed, especially if it's not your case. The FD is probably linked to the court case and pulling it out early may spoil the bail deal. You should seek advice from the lawyer handling the case or the bank running the account for your FD. They can provide specific advice based on the conditions stipulated within the FD and legal connotations related to its application and legal connotations related to its application as a collateral in the case of bail.

Admin
Advocate By LEAD INDIA Answered: 18 Nov 2024

Sir, if the FD is being used as a guarantee or collateral in a bail case, you cannot withdraw it without the court's permission or the party holding the FD as security. If the FD is not directly tied to the case but was provided as a guarantee by someone else you can approach the concerned party to release the FD. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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