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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.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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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.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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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.
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Adv. Anuj Nair
Delhi | 100+ Answers
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