Legal provisions regarding bond of accused and sureties under section 441 of the Code of Criminal Procedure, 1973.
(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
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ADVERTISEMENTS:
(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Sessions or other Court to answer the charge.
(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 enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
A surety bond is essentially a contract and the terms of the surety bond have to be determined by the language used in the bond itself. The terms of the surety bond being penal in nature should be very strictly construed.
ADVERTISEMENTS:
Sureties must be such persons as can in all cases be imprisoned in case of default and, as such, surety bonds cannot be executed by artificial persons like banks.
The grant of bail is a judicial act and not a ministerial one. Where a surety furnishes a surety bond along with an affidavit as required by Section 441(4) of the Code, the Magistrate can accept his surety bond and can make further inquiry as well and to this end can order verification.
The law does not contemplate or authorize a Magistrate to demand a cash deposit as a condition precedent to the release of an accused on bail.
If a bail bond fixes neither the time for the production of the prisoner nor the place of appearance, it cannot be forfeited for non-appearance of the prisoner.
ADVERTISEMENTS:
Where the accused himself did not execute a bond for his appearance but a third person executed a bond as a surety, the bond was in accordance with the provisions of Section 441 of the Code and the surety was amenable to the penalties contemplated by law in the event of his failure to produce the accused. The law does not contemplate any person being released on bail without executing a bond himself merely upon an undertaking or security given by a surety.
Section 441 of the Code contemplates release of a person on his own bond alone or on his bond together with bond by one or more sureties.
Declaration by sureties:
As per Section 441-A of the Code of Criminal Procedure, 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.