90+ Lawyers are online 
Process when bail surety is deceased
08-Jun-2023 (In Criminal Law)
My Uncle was convicted for financial crime in multiple cases with jail sentence from 3-5 years. Currently case is in high court and he is out on bail. A relative was the surety using the house property, if owing to age, he dies what is the procedure to replace the surety and in what time period? Also, can the legal heir of the surety be the surety ? if yes then what is the procedure. Thanks
hello client
yes it is possible tht the surety can be replaced by the help of the court. as ur saying that one of the surety died and now ur uncle is on bail right now in this matter u need to apply urgently to the court for replacement of the surety .yes relatives can be a surety in the court.
yes it is possible tht the surety can be replaced by the help of the court. as ur saying that one of the surety died and now ur uncle is on bail right now in this matter u need to apply urgently to the court for replacement of the surety .yes relatives can be a surety in the court.
Helpful?
43+
43+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
What is the discharge of surety provision?
In the absence of any contract, a suretys liability is discharged on: Death of the surety in relation to future transactions if the guarantee continues. Notification of cancellation in relation to future transactions if there is a continuing warranty.
Which section is for cancellation of bail bond?
The Court found that the High Court and the Court of Session have solely been granted the power to cancel bail under Section 436 of CrPC. The Court granted the application, and held that the order in question was against the law and could not stand. 27-Jul-2023
What is the CrPC for discharge of sureties?
The section 444 is as follows: Release of sureties. (1) All or any of the sureties who have been bonded for the appearance and attendance of the person released on bail can apply at any time to a magistrate to discharge the bond. This may be done in its entirety or only as far as it relates to them.
Can surety bond be Cancelled?
Not all sureties have this option. Some sureties can only get rid of their bonds after receiving the original document from the parties to the agreement or the renewal certificate.
Query perused. I would advise you to move an application for releasing the surety and substituting a fresh surety stating the facts that earlier surety has died due to old age. Yes a legal heir can stand as a surety. An application has to be filed alongwith the affidavit by an accused before the bail court and once approved a surety can be replaced. For further consultancy and legal services you may contact us.
Helpful?
46+
46+
Adv. Anubhav Kathuria
Delhi | 500+ Answers
Chat
There is no bar on you from moving a fresh application seeking substitution of surety on grounds that surety has expired due to his age. Furthermore, there is no bar on you to stand as surety. You will have to move appropriate applications bringing forth the said issues before court. Do let me know if you need any assistance.
Helpful?
34+
34+
Adv. Anuj Nair
Delhi | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
