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Ahmed Shah   15 November 2021

bail Surety

can a person who is enlarged on bail in an offence be Surety for another person accused in different matter.


 3 Replies

Kevin Moses Paul   15 November 2021

Basically, an accused person seeks for bail in court, court may ask him for a surety from other person. The sole purpose of surety is to make person responsible for the act of accused person after release. It is kind of an agreement for the responsibility of acts of accused person.

Henceforth, though a person is on bail he/she isn't eligible to act as a liable surety for someone in a different case.

Kevin M. Paul

Dr J C Vashista (Advocate)     17 November 2021

Yes, the person on bail can stand surety for another accused..

minakshi bindhani   22 November 2021

As per the illustrated query!

Section 441 of the Code of Criminal Procedure, 1973 talks about the bond of the accused and sureties for bail. According to this section, the court may ask for the surety by one person or more according to the case. After bail of accused surety or sureties are conditioned that person shall attend the place mentioned in the given bond at a given time. If it is required to appear in High court, Sessions court or any other court, then bond shall bind that person for that.

The surety promises to pay some amount of money if the accused will not be present in court at a given time. The main purpose of surety isensuresure that the accused will appear in court if required and not money from the surety. The court may ask for the papers of title over property or record of bank deposit etc. to check the sufficiency and fitness of the surety.

In most cases, a person should not act as a surety for more than one person at a time. Ideally, the surety must not have any criminal record.

Hope it is understandable!
Minakshi Bindhani

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