Short answer. Yes, if the hearing is not held immediately. Section 6 lets you be released from custody upon filing a bond, in an amount the court fixes, to guarantee your appearance at the hearing. On the set date, the court investigates the charge and hears whatever comment, testimony, or defense you offer.
What the law says
If the hearing is not ordered to be had forthwith, the respondent may be released from custody upon filing a bond, in an amount fixed by the court, for his appearance at the hearing of the charge.
Rule 71, Section 6 — Hearing; release on bail. Read the full provision →
What the law says
On the day set therefor, the court shall proceed to investigate the charge and consider such comment, testimony or defense as the respondent may make or offer.
Rule 71, Section 6 — Hearing; release on bail. Read the full provision →
Not every indirect contempt hearing is instant
Unlike direct contempt, which the judge punishes on the spot, indirect contempt requires a charge and, ordinarily, a hearing before any penalty is imposed. Section 6 addresses the gap between the charge being filed and that hearing actually taking place, recognizing that a respondent should not simply sit in custody while the date is pending. That gap can sometimes stretch for weeks, particularly on a crowded court docket, which is exactly the interval this section is designed to address.
The bail option
If the court does not order the hearing to proceed right away, the respondent may secure release by posting a bond in an amount the court itself fixes. The bond's purpose is narrow: it guarantees the respondent's appearance at the hearing of the contempt charge, nothing more. This protects a respondent from sitting in custody merely because a hearing date has not yet arrived. Fixing that amount is left to the court's discretion, and the court can consider factors like the seriousness of the alleged contempt and the respondent's likelihood of appearing, rather than following any set schedule of fixed amounts.
What happens at the hearing
On the day set, the court investigates the charge and takes in whatever comment, testimony, or defense the respondent offers. This is the respondent's chance to be heard before any punishment is decided — the bond only buys time until that day; it does not resolve the charge itself. Nothing in Section 6 excuses the respondent from actually appearing once that day arrives, since the bond exists solely to secure that appearance. If the respondent fails to appear despite having posted bond, the bond itself can be forfeited, and the court retains the power to proceed with the contempt charge or to issue a warrant for the respondent's arrest.