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abhimanyu (Querist) 02 December 2020 This query is : Resolved
It has been told by a local advocate that in the case of Notices under Section 111 of CrPC, with respect to breach of peace, sureties of the value of Rs.35000/- are not accepted by executive magistrates by way of cash or fixed deposits but car papers or property papers are insisted. A poor person can arrange sureties by way of ONLY cash or fixed deposits.

It may be advised

i) how the poor man can save himself.

ii) What are the other options for him to get himself released?

iii) Are rules in this regard are different for different states in India. "

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Quick Summary

This discussion addresses concerns regarding surety requirements under Section 111 of the Criminal Procedure Code (CrPC) for breach of peace cases. A financially weak individual is facing difficulties as executive magistrates reportedly reject cash or fixed deposit sureties, insisting on property or car papers instead. This poses a challenge for those without assets. The conversation explores how such individuals can navigate these requirements, potential alternative options for release, and whether rules vary across Indian states. It highlights the importance of legal counsel and understanding the magistrate's reasons for rejecting sureties.

Isaac Gabriel (Expert) 02 December 2020
What exactly is the court order? Solvency certificate is suuficient in such.cases.

abhimanyu (Querist) 03 December 2020
It is notice under Section 111 of the CrPC from an Executive Magistrate in which he refers to a report from the Local Police Station as per which A beats two labourers of the locality because of which there is tension between the parties and they are likely to commit a breach of the peace and on being satisfied with that Report Executive Magistrate issues a show cause notice to A as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months.

Dr J C Vashista (Expert) 04 December 2020
How you are conected / concerned / locus standi ?

P. Venu (Expert) 04 December 2020
You have have already posted a query on the same matter. Please continue in the same thread.

abhimanyu (Querist) 04 December 2020
Respected Vashista Ji, the individual is very close known to, who is financially very weak.

Rajendra K Goyal (Expert) 04 December 2020
You said:
i) how the poor man can save himself.
Reply:
Law and Court orders have to be followed by all.

You said:
ii) What are the other options for him to get himself released?
Reply:
Pray before the court regarding full position. Take help of local lawyer.

You said:
iii) Are rules in this regard are different for different states in India.
Reply:
There may be state amendments in case of some sections.

abhimanyu (Querist) 05 December 2020
Goyal Sir, My main query is in the case of Notices under Section 111 of CrPC, with respect to breach of peace, whether sureties of the value of Rs.35000/- by way of cash or fixed deposits can be rejected by executive magistrates and if so how a poor person can save himself i.e what are other options.

Rajendra K Goyal (Expert) 05 December 2020
Law does not differentiate between poor and wealthy.

If Magistrate is not satisfied by the sureties, either to be arranged otherwise or next higher authority need to be approached.

P. Venu (Expert) 05 December 2020
Let your friend seek the assistance from a competent legal professional. your confused approach is causing more harm than good.

abhimanyu (Querist) 05 December 2020
MR VENU WHAT TYPE OF ADVOCAE YOU ARE. WHEN YOU YOURSELF DO NOT KNOW CRIMINAL LAW AND ARE UNABLE TO UNDERSTAND THE QUERY YOU HAVE STARTED MAKING NEGATIVE COMMENTS. IT IS VERY UNFORTUNATE

abhimanyu (Querist) 05 December 2020
Goyal Sir, every body knows law is equal for poor and wealthy. .Here, the problem is that the person concerned has arranged fixed deposit holders as sureties but he has been informed that many a time the concerned Executive Magistrate rejects fixed deposits as sureties and insists property papers. As the person concerned is poor and his known to and friends do not have property, and cannot provide such sureties. That is why query is whether as per rules or law applicable with respect to Notice under 111 CrPC , WHEREIN EWFERENCE OF SECTIONS 107/116 IS THERE, CAN THAT MAGISTRATE REJECT FIXED DEPOSITS AS SURETIES.

abhimanyu (Querist) 05 December 2020
Goyal Sir, OTHER OPTIONS WERE ASKED IN THE ABOVE QUERY BY ASKING WHETHER FIXED DEPOSITS AS SURETIES CAN BE REJECTED BY THE EXECUTIVE MAGISTRATE and if so how a poor person can save himself i.e what are other options.

WHAT COULD BE THE PROBABLE REASONS IN THE CASE OF FIXED DEPOSITS WHICH COULD MAKE THE MAGISTRATE NOT SATISFIED AND REJECT FIXED DEPOSIT AS SURETY PARTICULARY WHEN THE SURETY HAS ALL DOCUMENTS TO PROVE HIS IDENTITY AND ACCOUNT NUMBER, BANK IS STATE BANK OF INDIA THAT IS GOVERNMENT BANK WITH BRANCH IN THE SAME CITY WHERE FIXED DEOISIT HAS BEEN MADE AND FIXED DEPOSIT IS OF MORE THAN THE ANOUNT FOR WHICH SURETY IS REQUIRED.

Isaac Gabriel (Expert) 05 December 2020
As an alternative bank guarantee or fidelity guarantee could be produced if the court accepts.

Rajendra K Goyal (Expert) 06 December 2020
Probably following may be the reasons:
i) Fix deposit is nontransferable / not negotiable, other person cannot cash it / take its payment.
ii) FD is only the receipt of deposit, Bank can affect pre-mature / on maturity payment even without producing original Fix Deposit receipt.

abhimanyu (Querist) 06 December 2020
Thanks very much Gabriel and Goyal Sirs.

Rajendra K Goyal (Expert) 09 December 2020
You are welcome, may revert in case of further question on the query.

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