Sanjeev (Lawyer) 25 October 2013

Discharge of surety -after case quashed

whats the process for discharge of surety- there were two sureties who gave surety for 498A accused now the case is quashed basis compromise by HC. The trial court also passed the Quash order.

The FD's used as surety just have a stamp that seen for bail stamped on it. Is lawyer required to get the surety released or it can be done by the client himself

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 October 2013

if the client is capable to do that then no need of a lawyer, file an application before trial court & get the suerty/discharge order from court

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 October 2013

if the client is capable to do that then no need of a lawyer, file an application before trial court & get the suerty/discharge order from court

Laxmi Kant Joshi (Advocate ) 25 October 2013

1.write an application in the name of the trial court that the case for whom you have given the surety for the bail , now the case has decided on dated such and such terefore my surety may be cancelled u/s 446A crpc. 2. attached the attested TRUE copy of the order , and your original FD with this application and submitted It in the concern court for cancellation of surety , the concern clerk put a cancel led stamp of the court on the FD and get It sign. by the magistrate and returned your FD to you . 3. Client can do it himself .