about withdraw of surety

devendra (Querist) 16 September 2010 This query is : Resolved
Dear sir,

1 . what is the procedure of withdraw of surety in case of(vs. state u/s 379 & 411 of IPC).

2. the surety is against a FD of Rs 5000/-

3. does the accused has to appers to withdrawl of surety ?

4. Does the FD amount to be paid in cash to the court .?

please give me suggestions ,
thank you.

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Devajyoti Barman (Expert) 16 September 2010
Only with the permission of the Magistrate such thing can be done. There is no question of making payment but the accused person need to be informed for such permission and his attendance is necessary.

M/s. Y-not legal services (Expert) 16 September 2010
No.. The surety person not like to be as a surety mean whenever he can withdraw his surety.. Court of law can't bind him.. For that accused appearance not must.. You can withdraw your surety. But what about the f.d? I think you may get back by filing a separate petition for return of property.

Ajay Bansal (Expert) 21 September 2010
I AGREE ONLY WITH DEVAJYOTI BARMAN IN THIS MATTER.

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