bail affidavit and attesting advocates liability
hardikrajputm
(Querist) 13 June 2014
This query is : Resolved
When advocate attesting bail affidavit and write i know the surty but in my case surity has already appeard in another case in the same court before 9 month, and surity second time appeard in the same court , megistrate also known the surity.so,in such case , whether an advocate be prosecuted or not? Whether the advocate liability arise or not?
Pls explain with concern act or rules or guideline
Devajyoti Barman
(Expert) 13 June 2014
The surety can appear as surety in many bail bonds than one bond only.There is nothing wrong in it.
Sankaranarayanan
(Expert) 13 June 2014
One can given surety to more then one No restriction
Dr J C Vashista
(Expert) 14 June 2014
The advocates liability is limited to the extent that he complies with the legal formalities to help the Court and he is immune from prosecution in any defect in surety.
The Surety can appear any number of time till the Court is satisfied.
ajay sethi
(Expert) 14 June 2014
agree with experts
Lawyer SALEEMA KABEER
(Expert) 14 June 2014
As rightly said by the above experts, a person can stand as surety in number of cases subject to the satisfaction of Court.
Normally, advocate certify to the effect that the affidavit was signed in the presence of him. Some times, court may ask the counsel to identify the deponent also. It doesn't mean that the Advocate, who certified or identified, aware of the facts stated in the affidavit.
Therefore, advocates liability is limited one and they are not liable even if any false statement is given in the surety affidavit by the deponent. on the other hand, the deponent alone is liable for the same.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
I agree with the opinion rendered by expert Ms. Saleema Kabeer on the issue. The attesting advocate who clearly states that the deponent has signed before him will be the only role played by the advocate, hence the query has no relevance.
Raj Kumar Makkad
(Expert) 17 June 2014
I have similar opinion as of other experts.
