Procedure of discharging surety in a criminal case if one of the sureties want to free from the obligation. My relative was given surety in my bail. A false criminal case was lodged against me by the neighbour. In that case the charge sheet was filed and I took bail from the court. In that bail my relative is jamanatdar and given surety. Now he is selected in government service and wants to release himself from such a liability. So kindly guide me on how to change surety?
Asked from: Uttar Pradesh
If a surety wishes to discharge himself from the liability undertaken for an accused, he must file an application before the court under Section 444 of the Code of Criminal Procedure, 1973 (CrPC) or under Section 489 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS).
It is important to understand that upon such an application being filed, the court is required to issue a warrant for the arrest of the accused. Once the accused is brought before the court or voluntarily surrenders, he must furnish a fresh surety and execute a new bond.
Mere appearance of the accused does not automatically discharge the existing surety. The surety will be discharged only upon substitution with another competent surety, along with a valid and sufficient surety bond.
If the accused fails to furnish a fresh surety on the date of appearance or surrender, the court is empowered to remand him to judicial custody until a suitable surety is provided.
Therefore, it is strongly advised that before initiating the application for discharge, you make prior arrangements for a substitute surety and ensure that the new surety is competent and willing to execute a valid bond. This precaution will help avoid any risk of the accused being taken into custody due to the absence of a substitute surety. Above is the procedure of discharging surety in criminal case.
Related:
