Discharge of sureties
AI Assist
Summary
Any surety who guaranteed a person’s attendance after bail can apply to a Magistrate at any time to be discharged from the bond, wholly or partly. The Magistrate will issue a warrant to bring the accused before him. If the accused appears or surrenders, the Magistrate may discharge the surety and require the accused to find new sureties; failing that, the accused may be committed to jail.
Example
Ravi was released on bail with two sureties. One surety applied to the Magistrate to be discharged from the bond. The Magistrate issued a warrant, Ravi appeared, and the Magistrate discharged that surety’s bond but ordered Ravi to find another surety. Ravi failed to find a replacement, so the Magistrate could commit him 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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