Can court issue r/w against surety when accused abcsond
28-Jan-2023 (In Cheque Bounce Law)
When accused is abcsond since one year & court issue notice against surety to produce the accused but he failed can court issue r/w against surety
No surety cannot be arrested however he will have to pay the entire surety amount in court, as per the surety bond. Arrest warrant will be issued against the accused. Bail in future may be refused. Has the police declared the accused as absconded ?
What happens when accused is absconding?
The accused accused of absconding cannot be treated as a pariah with those who have respected the legal process and appeared in court and not evaded arrest.
Can warrant be issued against surety?
Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself : Orissa HC. It is against natural justice to forfeit the bail bond before the surety has been given the chance to be heard. 28-Jul-2023
Can a person give surety for two accused?
The text of Section 441A of the Cr. P.C. which was amended in 2006, clearly states that a person can be surety in more than 1 case and for more than 1 accused.
What is the liability of surety in a criminal case?
In a bail case, the surety is required to ensure that the accused will be available before the court. The surety is responsible for the appearance of an accused before the Court at all the hearings that may be set by the Court.
Yes. The court can issue notice to the surety if the accused is absconding when released on bail. The surety has to appear before the court. 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.
So yes surety means that you are guarantor that the accused will be present before the court as and when required and it is the duty of the surety to get him to the court if he is absconding or else court can issue r/w against the surety of he fails to get the accuse before the court
Thnxx
Regards
Ajay thakur
Thnxx
Regards
Ajay thakur
If you are the surety of a bail bond for an accused in a criminal matter and that accused absconds from the court, then the bail bond is forfeited, and a warrant of arrest will be issued.
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