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Rajesh (Senior )     02 January 2016

Right to stand as surety for more than one accused

Can one person stand as a surety for more than one accused in a single criminal case? Pls. refer to section 441A Cr.P.C.



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 January 2016

The provisions of the referred law is :

Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.
 
For your query you may read the provisions of section 441(4) which is reproduced below:
4) For the purpose of determining whether the sureties are fit or sufficient,
the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

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