Who can be surety for bail?Asked by: Etha Homenick | Last update: February 19, 2022
Score: 5/5 (21 votes)
To obtain a surety bond, at least three parties are typically involved. A friend or family member of the accused who is trying to get them out of jail is the first person necessary to get a surety bond. Generally, someone in jail has a difficult time making such arrangements without help.
Who can act as surety?
Technically, anyone can be a surety. However, realistically, because a surety is someone who agrees to take responsibility for a person accused of a crime it is rare that someone with a criminal record would be approved to be a surety. Being a surety is a serious commitment.
Who can give surety for bail in India?
Any natural person can be a surety. Artificial person or corporation cannot be a surety. [ii] According to section 441(4) of the Code of Criminal Procedure, Magistrate can check fitness or sufficiency of surety and may reject surety if not satisfied about reliability, identity, fitness or sufficiency of surety.
Can family members be surety in bail?
When the court grants bail to an accused it is mandatory for the accused to produce a person or persons (normally relatives or friends) who stand as surety. ... But, they have to belong to the person acting as surety so that if the accused absconds, the property furnished in the bail bond may be seized.
Can a family member be a surety?
Chapter 33 of the Code does not say that the surety should be a member of the family or a blood relative. ... Generally, a surety must be a genuine person. He should not be a bogus person. A surety comes to the Court and gives undertaking to the Court that he will ensure the appearance of the accused.
Who can become surety for bail? PROCEDURE AFTER BAIL
Can father be a surety?
And for Surety your father or mother can sign on agreement but make sure that witness and surety should be different. If your father is your surety than your brother/sister/mother can be your witness(B).
Is surety required for bail?
The High Court of Karnataka has waived the legal requirement of physical presence of surety for the execution of conditions of bail for the time being, given the restrictions imposed on the entry of people on to the court premises because of the COVID-19 pandemic.
Can surety be blood relative?
The Hon'ble High Court also opined that Code does not say that the surety should be a member of the family or a blood relative. Neither the Court can insist that the sureties should be local surety. The Hon'ble High Court opined that a surety should have a genuine address. He may be asked to produce residential proof.
What happens if bail is refused?
If bail is refused to a child the court must remand him or her to local authority accommodation, (s. 91 LASPO). A remand to local authority accommodation is a remand in custody and custody time limits will apply (s. 23(11)(b) Prosecution of Offences Act 1985).
Can surety and witness be the same?
A Guarantor/ Surety And A Witness Are Not Same. A witness to an agreement is a person that was chosen by all parties or a party to an agreement, for such chosen person to be present at the making of an agreement by parties and such chosen party was indeed present. ...
What is the role of the person who may have to stand as surety?
A surety is someone who agrees to take responsibility for a person accused of a crime. ... If the accused person fails to obey the terms and/or conditions of the court order, you could lose the money you have pledged. Your responsibility as a surety continues until the case is completely over.
What all documents are required for bail?
- Bank Passbook.
- Credit Card with photograph.
- Ration card.
- Electricity bill.
- Landline telephone bill.
- Voter ID card issued by the Election Commission of India.
- Property Tax Register.
Can advocate be a surety?
HEADNOTE: Rule 10, Chapter II, Part 6 of the Rules framed by the Bar Council of India for professional mis-conduct provides that an advocate shall not stand a surety, or certify the soundness of a surety, for his client required for the purposes of any legal proceedings.
Can your spouse be your surety?
A court will dispel such a defence if the court finds that the suretyship was done in the ordinary course of your spouse's business, trade or profession. In such cases, no consent is required to sign a as surety, despite being married in community of property.
What is the difference between bail and surety?
Bails Vs Surety Bonds
The difference between bail and surety bonds is that bail involving cash bonds only require the involvement of two parties—the defendant and the court. Surety bonds however, require the involvement of three parties in the bailing process—the court, the defendant and the bail agent.
What is bail with surety?
A. A surety is a person who agrees to be responsible for the accused by ensuring that the accused follows the conditions for bail and attends court as required. The surety gives an undertaking to pay a sum of money to the court or have his property forfeited if the accused does not comply with the terms of bail.
What are the 3 main grounds for refusing bail?
An accused person must be refused bail if there is an 'unacceptable risk' that, if granted bail, they will fail to appear, commit an offence, endanger the safety or welfare of any person or obstruct the course of justice or interfere with a witness (see s 4E).
How long can police keep you on bail?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent. If the Police wish to have bail extended further this will have to be done through the Magistrates' Court. Whilst breaching police bail is not an offence in itself, it can lead to you being arrested.
What are the six factors a court will consider before grant or refusal of bail?
In bail during trial certain factors are considered by a court The State vs Okafor 1964 8 ENLR 96 where it was held as follows: “(1) The cogency of the facts against the applicants (2) gravity of the offence charged (3) severity of the punishment to be meted to the accused (4) availability of the accused to stand trial ...
Can a person be a surety for more than one?
There is no outer limit mentioned in the law for the number of cases in which a person can stand surety for a single accused or for more than one accused for the grant of bail to him / them.
Who can take Jamanat?
Normally any person who gives surety should be a known person of the accused having a title over an immovable property and remains solvent without any tax arrears on the property and that surety provider should not be accused of any offences and he should not have stood as a surety in any other cases.
What is surety bond in Indian law?
A written promise, signed by the offender or a person who gives surety of the offender presence in the court when called upon, to pay a certain amount fixed by a court or police officer. Such amount paid on execution of bond can be given back once the case ends with some administrative cost deductions.
Can someone on bail leave the country?
well, ideally, you should apply to the court and seek its permission before travelling abroad. however, having said that, if your bail is not conditional and if there is no order of restraint operating against you, you are free to travel.
Can parents be surety for bail in India?
441 of crpc. 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. A Criminal Miscellaneous Petition was filed for the consideration of other person as bailor but the court did not consider it. ...
Can a lawyer be a witness?
Section 120 of the Evidence Act, 1872 only deals with who may testify as a witness and does not lay down any restriction or restraint on the advocate to be a witness in the case where he is acting as an advocate. ... It is a sound principle that a person who is appearing as counsel should not give evidence as witness.