Surety substitution

chetan (Querist) 18 August 2014 This query is : Resolved
My friend has been wrongly booked in a cheating case.

He has been granted bail on furnishing surety of Rs. 50 k. So he had provided his mothers surety who had a property under her name,

now he wants to sell the propoerty. There are two questions.

a) whether he can sell that property and whether the court needs to be informed. The bail was granted by the sessions court.

b) Whether the surety can be substituted by FD of 50K so that he is able to sell the flat

His advocate has stated that as per revised rules, courts no longer accept fds instead of surety.

Kindly clarify the position of law

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Devajyoti Barman (Expert) 18 August 2014
a. ask the court to discharge the surety.
2. yes if the court so allows.

For clearance of law, read book.

malipeddi jaggarao (Expert) 19 August 2014
You can request the court for subsitution of surety as the property is required for sale for personal needs. You can provide another surety to the satisfaction of court or in lieu of property you can offer FDs. It depends upon the decision of the court.

Rajendra K Goyal (Expert) 19 August 2014
prey the court for substitution of the severity / and or accept FDR in discharge of property required for sale.

Raj Kumar Makkad (Expert) 20 August 2014
Substitution of mode of service is the only option before you.

Shonee Kapoor (Expert) 21 August 2014
Nothing left to be added.

Regards,

Shonee Kapoor
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