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Surety in criminal cases:

 In India, the surety is a person who takes responsibility for the actions of the accused person. In criminal acts, surety plays an important role. When an accused person is released from jail on bail, the surety has to take responsibility for his acts. The article will address a few points related to who can be a surety in a criminal case, conditions for becoming a surety and related provisions and case laws.

Who is Surety?

Criminal surety are those who are required to pay for all court costs and fines if the defendant does not appear for their court appearance. The courts may order an individual to become surety for another person if they have a bad credit history and are unable to secure bail, or when there is a possibility that the person might not appear in court for any reason.

Kinds of Bail and Need for Surety?

Bail is a temporary release of the accused. In the criminal law, there is a mention of two types of bail: Regular Bail and Anticipatory Bail.

1. Regular Bail: Regular bail is an order issued by a magistrate under Section 437 and Section 439 of the Code of Criminal Procedure, 1973. When a person is arrested by the police he can apply for bail.

2. Anticipatory Bail:Anticipatory bail is basically a bail that a person applies when they fear that they might be arrested in the near future. The anticipatory bail application will be heard by the concerned magistrate who will then decide whether to grant bail or not.

‘Surety’ under the Code of Criminal Procedure, 1973:

In India surety is also known as bail bond. It is a guarantee to the court that the accused will appear in the court and then only he or she will be released from jail. It is a legal relationship between two persons, which is a contract for release of accused on bail. In other words, surety is a person who gives an undertaking to the court, to answer for the appearance of an accused in his bail bonds.

Who can become a Surety?

A surety might be any natural person. No artificial person or entity may serve as a surety. Section 441(4) of the Code of Criminal Procedure states that if the magistrate is unsatisfied with the surety's dependability, identification, fitness, or sufficiency, the surety may be rejected. If the accused does not appear in court at the appointed time, the surety guarantees to pay a certain sum of money. The fundamental goal of surety is to guarantee that the accused will show up in court if necessary, not to obtain money from the surety. To verify the sufficiency and suitability of the surety, the court may request copies of the title documents for the property, bank deposit records, etc. No one who is insolvent may serve as a surety.

Case Laws on Surety:

1. State of UP v Bhola Ram, 1977 All Cr R 234., It was decided that the surety is required to assure that the accused appears in court after release and not for money. There is a difference between a contract with a surety and a contract with an accused. Hence, any person who can ensure the appearance of the accused in court can be a surety.

2. Bhushan Lal Sharma v State,1976 Kash LJ 409., held that a person who is reputable in society and who can guarantee the accused's appearance in court can serve as a surety. A surety can be a member of the Legislative Assembly or of the Parliament, or a person holding such a position. A person without the movable and immovable property can be a surety. 

3. Moti Ram v State of MP.,1978 Cr LJ 1703 at 1709, according to the judgment, the court must lower the amount of bond required if the accused or surety is poor. Additionally, the Supreme Court ruled that bail may include an accused person's or a surety's bond. If the accused is indigent, the court may allow his own bond release.

4. Rishikumar v State of Rajasthan,1984 (1) Crimes 780 (Raj),it was held that some cases require local surety but it is not always necessary. Surety can be from different states.

5. Manish v State of UP, 2008 Cr LJ (NOC) 1123 (All), it was held that it is not proper to ask for local surety from accused from a different district.

Conclusion:

In this article, we covered the subject of potential sureties in criminal trials. The fundamental goal of surety is to guarantee the accused's appearance in court. As a result, the court requests the presence of a surety who can guarantee the accused's behavior and character. To determine who may serve as a surety, we studied a number of case laws. Who is a surety relies more on the court. All requirements are merely there to ensure that the surety is adequate and fit.