Who can be the bailor (sureties) under sec.441 of crpc

Manjeet kumar sahu (Querist) 09 December 2015 This query is : Resolved
In one of my case, The Accused have been granted bail but the session court has directed that the Bailor can only be his parent.

Now, The father of the accused has already died and The mother of the accused has no property in her name?

A Criminal Miscellaneous Petition was filed for the consideration of other person as bailor but the court did not consider it.

Any Suggestion under such circumstance.

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SAINATH DEVALLA (Expert) 09 December 2015
Dear Manjeet, can U come out with the details of the criminal offence committed?

An independent surety is a person who makes him or herself responsible for your appearance in court. He or she promises to pay a sum of money to the court if you do not appear as agreed.

Hence there is no meaning in the court insisting only the parents to be the bailors.

If the bail has been granted by the HC,the lower court has to act according to the provisions incorporated in the bail order.

Rajendra K Goyal (Expert) 09 December 2015
Strange condition, however, full language of decision and case file need to be referred, discuss with some senior.

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