Code
(1) A Magistrate may refuse to accept any surety offered, or may reject any
surety previously accepted by him or his predecessor under this Chapter on the ground
that such surety is an unfit person for the purposes of the bail bond:
Provided that before so refusing to accept or rejecting any such surety, he shall either
himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be
held and a report to be made thereon by a Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the
surety and to the person by whom the surety was offered and shall, in making the inquiry,
record the substance of the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either
before him or before a Magistrate deputed under sub-section (1), and the report of such
Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he
shall make an order refusing to accept or rejecting, as the case may be, such surety and
recording his reasons for so doing:
Provided that before making an order rejecting any surety who has previously been
accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the
person for whom the surety is bound to appear or to be brought before him.
Explanation
- Refusal to accept a surety: A Magistrate has the authority to reject a surety offered for a bond if they believe the surety is unsuitable. This means the surety is deemed incapable or unwilling to fulfill their obligations if the person bound by the bond violates its terms.
- Rejection of a previously accepted surety: The Magistrate can also reject a surety who was previously accepted, even if the bond was already executed. This is applicable if new information comes to light, suggesting the surety is no longer fit for the purpose.
- Inquiry into the fitness of the surety: Before refusing or rejecting a surety, the Magistrate is required to conduct an inquiry into the surety’s fitness. This can be done either personally by the Magistrate or by a subordinate Magistrate. The inquiry must be on oath and must record the evidence presented.
- Notice to the surety and the person offering the surety: The Magistrate must provide reasonable notice to both the surety and the person offering the surety before conducting the inquiry. This ensures fairness and allows them to participate in the process.
- Recording of reasons: If the Magistrate decides to refuse or reject the surety, they must record their reasons in writing. This ensures transparency and allows for any potential appeal against the decision.
Illustration
Imagine a person is released on bail after being accused of a crime, and a relative offers themselves as a surety. However, the Magistrate suspects that the relative may have a history of criminal activity, and therefore may not be able to enforce the bail conditions. The Magistrate, under Section 444, can conduct an inquiry to investigate the relative’s suitability as a surety. If the Magistrate finds that the relative is indeed unsuitable, they can refuse to accept the surety and require the person to provide a different surety.
Common Questions and Answers:
- Q: What are the grounds for refusing a surety?
A: The Magistrate must be convinced that the surety is unfit due to reasons like lack of financial capability, criminal history, or a potential conflict of interest.
- Q: How can a surety object to the Magistrate’s decision?
A: The surety can appeal the decision to a higher court.
- Q: Can the person bound by the bond be present during the inquiry?
A: While the surety and the person offering the surety are required to be notified and can be present, there is no express provision in the code regarding the person bound by the bond being present.
