• Surety and his useless land sell-off

Respected sirs,

Out of curiosity I am placing following query-

Recently, I had seen an accused, who had skipped several hearings, in a cheque bounce case, bring an unrelated person as surety to court who was a 90 year old man pledging his agricultural land, of questionable value, located in village of that district.

My question is whether in India, do alleged criminals use services of people for consideration (eg: giving black money or ill gotten wealth etc) who will act as surety by pledging their worthless (agricultural) land?

And if the alleged criminals skips hearings in future, then will only the property kept as surety be seized by court or will there be further consequences to the person acting as surety?
Asked 3 days ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

  • The court may forfeit the bond and order the surety to pay the penalty 

     

  • The court may cancel the bond and require the surety to find new sureties

Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.

Ajay Sethi
Advocate, Mumbai
97517 Answers
7883 Consultations

Please inform how are you related to this query. 

Devajyoti Barman
Advocate, Kolkata
23333 Answers
522 Consultations

If an accused in a cheque bounce case jumps bail, the court may cancel their bail and declare them a fugitive. The accused may also be arrested and face a non-bailable warrant. 

A surety is a person who promises to pay the court money if the accused doesn't appear in court. 

If the accused doesn't meet the bail conditions, the bail amount may be forfeited. 

The surety may be required to pay the full amount of the bail. 

The accused and the surety may face additional charges or penalties. 

The surety may be liable to imprisonment in a civil jail for up to six months.

T Kalaiselvan
Advocate, Vellore
87717 Answers
2356 Consultations

  1. It is true that sureties are paid by the It is cumbersome procedure  to attach, seize and sell the  property pledged as security when accused abscond. It seldom happens unless accused and offence is high profile. People take advantage of this situation.
  2. Only the property of surety is liable for confiscation and the  

Ravi Shinde
Advocate, Hyderabad
4425 Answers
42 Consultations

Everything can happen in India. 

 

"My question is whether in India, do alleged criminals use services of people for consideration (eg: giving black money or ill gotten wealth etc) who will act as surety by pledging their worthless (agricultural) land? "- Yes.

 

"And if the alleged criminals skips hearings in future, then will only the property kept as surety be seized by court or will there be further consequences to the person acting as surety?"- the property would be sold and money to the amount of bail will be recovered. Rest will be given back. 

Gagandeep Singh Thandi
Advocate, Pathankot
67 Answers

  1. Surety with Questionable Land:

    • Alleged criminals can misuse unrelated or weak individuals as sureties by offering financial inducements.
    • Courts verify the surety’s credentials and pledged property's value before acceptance.

  2. Consequences for Surety:

    • If the accused skips hearings, the pledged property is seized.
    • The surety may face further liability if the property is insufficient or if fraud is proven.

  3. Court's Role:

    • Courts reject sureties if the land or individual does not meet legal requirements.

Hope this helps. For detailed advice, feel free to reach out. A review would be appreciated. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
527 Answers
1 Consultation

- If the accused skipped several hearings of the Case filed against him , then the Court will issue NBW against the accused firstly. 

- Further, when the accused not appear then the Court will summon the surety of the case either appear with the accused or to pay the bound amount which he has signed before the Court. 

- Further, if surety and the accused not appear , then the Court may issue NBW against both of them. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Only the amount for which he has stood surety will be recovered from the surety 

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

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