Discharge of sureties
AI Assist
Summary
Sureties for a person released on bail may apply to a Magistrate at any time to be discharged from the bond, either wholly or as to their part. The Magistrate will issue a warrant to bring the person before him. If the person appears or surrenders, the Magistrate can discharge the bond for the applicants and call for new sureties, and if none are found may commit the person to jail.
Example
Ravi was released on bail with two sureties, Karan and Priya. Karan applies to the Magistrate to be discharged from the bond. The Magistrate issues a warrant to bring Ravi and, on Ravi's appearance, discharges Karan's part of the bond but orders Ravi to find new sureties; Ravi fails and is committed to jail.
Bare Act
Enacted text(1) 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.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
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