Bond of accused and sureties
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Summary
Before anyone is released on bond or bail bond, the person and one or more sufficient sureties must execute a bond for the sum the police officer or Court thinks sufficient. The bond must include any conditions of release and may also require appearance at higher Courts if the case so demands. The Court may accept affidavits about sureties' fitness or hold an inquiry into their sufficiency.
Example
Priya is arrested after a complaint and the police decide to release her on bond. She and a responsible surety must execute a bond for the sum the police thinks sufficient and promise to attend at the time and place stated in the bond. If the Court doubts the surety, it can accept affidavits or order an inquiry into the surety’s fitness.
Bare Act
Enacted text(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
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