Can surety be arrested if accused does not appear in court?
Can my father be arrested for the surety he gave for my brother in a criminal case and my brother does not appear in the court? My father had given a surety for my cousin brother to appear in a criminal case by submitting his salary slip and details. The amount of surety was Rs. 30,000.
Now my cousin has not appeared in the court since the last 5-6 months and my father has got a notice from the court.
What should we do now? Will my father be arrested for this?
In case where the Accused does not appear before the Court when released on bail, the Court can come against the Surety only to the extent of the bail amount. Your father will have to show cause as to why the surety amount should not be forfeited and in case he is unable to show reasonable cause for the same, he will be liable to pay the said amount of Rs. 30,000 which was the amount of surety in the bail bond.
In some cases, if you can show that your circumstances have changed so that the payment would cause excessive hardship, you may not be required to forfeit the amount in the surety undertaking, or may not be required to forfeit the entire amount.
Your father cannot be arrested for your cousin's non-appearance.
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