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Summons to surety to forfeiture
26-Dec-2023 (In Criminal Law)
I was surety for a friend who missed his appearance earlier resulting in NBW but appeared for his hearing in tis hazari 1 month after the summon was issued. It is a hefty amount that I've been asked to pay and I don't want to pay this. I was stupid in agreeing to become a surety purely out of friendship without realizing the implications. What will the court do if I tell them that the accused has presented himself before court already, post issuance of the summon? Will I be let off? If the court doesn't agree, is there any scope for respite in terms of the amount forfeited? If the court does let me off, how can I move for removal as surety? Please help. I'm due to appear mid January.
Hey, first of all intensity of offence need to be specified.
If accused has already appeared then he must have appeared for cancellation of NBWs, so do now worry.
And if u want to discharge urself as surety, you have right under section 444 cr.p.c. u can move an application.
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Adv. Anubha
Delhi | 100+ Answers
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I have perused the contents of your query and would advise you to provide the details and better particulars of the matter in which you stood as surety. Do also share the copy of the summons received.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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yes sure stick used already appeared for show you don't need to pay the surety that the court asked it is only when the accused was not appearing Court would have issued notice to you but for a safer side you can ask your friend you don't want to be the surety anymore and we can find an application in the court witra withdrawing your surety bonds
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Adv. Amit Kocher
Delhi | 25+ Answers
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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.
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