Need law or citaion
Arvind Singh Chauhan
(Querist) 03 October 2011
This query is : Resolved
Sir please can any body cite here the law or citation about the verification of sureties.
Whether court can wait up to long time such as one month for verification of sureties, if verification do not reach to court in time, and accused has to suffer?
What is the clear position?
Arun Kumar Bhagat
(Expert) 03 October 2011
You have to go through the High Court rules & Orders (Criminal ) of the respective State for ascertaining the time frame.
Shonee Kapoor
(Expert) 03 October 2011
Unless surities can be verified to the satisfaction of the court, it can be delayed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 03 October 2011
Smt. Jagwanti vs Union Of India (Uoi) And Anr. on 30 August, 2007
Author: S N Dhingra
Bench: S N Dhingra
As far as sending surety bond produced for her release for verification is concerned, I consider that this Court cannot interfere into such an action. There have been instances in various cases in courts where bogus sureties have been produced with fake identity cards, ration cards and fake documents of solvency. Criminal cases have been registered against such fake sureties, who appeared for certain accused persons and cases are pending before the Trial Courts. When such is the situation that fake sureties are produced in the court, no fault can be found if the courts give an order for verification of the surety bonds
ajay sethi
(Expert) 03 October 2011
In order to ensure the presence of the accused during trial, courts often insist upon the accused to provide a surety while passing an order of the bail of the accused. The Bombay High Court in a recent decision [Subodh Prasad Urf Anil Chotu Jagdish Mahato v. State of Maharashtra] has declared that a mandatory condition to provide a local surety is violative of the law of the country. The High Court was dealing with a challenge to the validity of "Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety within the State of Maharashtra, for availing furlough leave
Arvind Singh Chauhan
(Querist) 04 October 2011
Thanks Sir, but who would be liable if verification report does not reach in time and due to which accused has to remain in custody for one and half month. Whether state is liable from which court has sought verification?
ajay sethi
(Expert) 04 October 2011
no . verification takes time as in number of cases fake sureties are given .
