i have stood surety
Meg Nath Sharma
(Querist) 03 June 2011
This query is : Resolved
dear sir,
I have stood surety in one of my frens case...but he is not appearing in the court...charge is yet to frame..
i was called in the court..where i presented a petition stating that i will try to trace him..but eventually i could not...the surety amount is s. 50,000/. now do i have to present a petition again for paying surety amount..if petition is needed what kind of petition?please help sir
regrads
Meg nath
Ajay Bansal
(Expert) 03 June 2011
WRITE A SIMPLE APPLICATION FOR PAYMENT OF SURETY AMOUNT OF RS. 50000/- AND FILE THE SAME IN COURT.
Ajay Bansal
(Expert) 03 June 2011
WRITE A SIMPLE APPLICATION FOR PAYMENT OF SURETY AMOUNT OF RS. 50000/- AND FILE THE SAME IN COURT.
Bhawani Mahapatra
(Expert) 03 June 2011
Agree with Mr. Ajay. Also if you no more interested to stand as surety for your friend, then you can also file an application before the court stating your intention not to the surety for the accused & if the petition is allowed,your surety bond will be cancelled by the court and you will be no more liable for securing the accused's presence before the court.
R.Ramachandran
(Expert) 03 June 2011
Dear Mr. Bhawani,
One can say that he does not want to stand surety anymore, ONLY AFTER PRODUCING THE ACCUSED in the Court on the appointed day. Once the accused makes an appearance on the appointed day, then the Surety can say that he does not want to stand surety anymore. BUT IF THE ACCUSED DOES NOT MAKE AN APPEARANCE BEFORE THE COURT ON THE APPOINTED DAY, THEN IN THAT SITUATION, THE SURETY CANNOT SAY THAT "I NO LONGER WANT TO STAND AS SURETY". He can say so, after depositing the surety amount.
Advocate. Arunagiri
(Expert) 03 June 2011
A surity can not withdraw without closing the loan account.
Once the loan account is settled automaticaly the surity is closed.
File a Memo before the court for settlement, along with DD.
The court will pass suitable orders to close the case and loan account.
Meg Nath Sharma
(Querist) 03 June 2011
thank you all so much....
hope i will get rid of it...
M V Gupta
(Expert) 05 June 2011
The querist does not appear to be talking of guarantee for loan. He refers to his standing a surety on a bail bond given by his friend in a case (probably a criminal case). The opinion given by Mr. Ramachandran seems appropriate.
Advocate Bhartesh goyal
(Expert) 03 June 2011
