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Bail Surety status after disposal of case


14-Mar-2024 (In Criminal Law)
Hi There was a 376 case which was disposed in last year august now there were few surety was given in the case, I want to know that do I need to file any application for removal of those surety or as the result was acquittal surety released by final order already
Answers (4)

Answer #1
518 votes
You are required to promptly appear before the esteemed magistrate or session judge to facilitate the release of your surety amount. It is imperative that you take immediate action in presenting the relevant documentation, including the judgment, to expedite this process.
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Answer #2
755 votes
there is no need to file for the application. the surety has been released by the final order of acquittal unless the opposite party wishes to go for the appeal. so technically the disposal by the district court absolve the surety then and there itself
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Answer #3
656 votes
Once the case is finally disposed off and the accused is acquitted, the surety is ipso facto discharged from the liability to make sure that the accused is present before the court as and when warranted. Since the requirement of the accused to be present before the court is discharged, the sureties, if any are also discharged by the common order passed by the court in which such remarks are mentioned that the sureties are hereby discharged. Hence, the answer is No. You being surety has no liability for the accused now.
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Answer #4
843 votes
As an Advocate I suggest to fila an application for removal of surities as per section 444 of crpc All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
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