Power to reject sureties
AI Assist
Summary
A Magistrate may refuse to accept, or may reject a previously accepted, surety if the surety is an unfit person for the bail bond. Before doing so he must hold an inquiry on oath himself or have a subordinate Magistrate do so, give the surety and the person who offered the surety reasonable notice, and record the substance of the evidence and his reasons. If rejecting a surety already accepted, he must issue a summons or warrant and cause the person for whom the surety stands to be brought before him.
Example
Priya offers Ravi as a surety for her brother Arjun's bail. Later the Magistrate finds Ravi gave false details and seems unfit to guarantee Arjun's appearance. After giving notice and holding an inquiry on oath, the Magistrate records the evidence and rejects Ravi as an unfit surety. If Ravi had been earlier accepted, the Magistrate would also issue a summons or warrant to bring Arjun before him.
Bare Act
Enacted text(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond:
Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:
Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
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