Case No 6873/99 Sec 376 and 306. SA No: 87/2000 Accused was released in jameen and my uncle was the guarantor for the jameen. This case is open from 1999 and there is no trace of the accused now. Now my uncle got a call from concerned police station to present in court. However we did not receive any summon from court. Please advise. I prefer lawyer from tamilnadu to advise us. Thanks Jonathan
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You should appear in court on said date
2) since accused is absconding and uncle is guarantor of accused your uncle would be liable to pay the amount mentioned
3) In the event you fails to pay the amount the property can be attached and sold to recover the money
Thanks for your advise. One last question. Accused relatives claim that he is dead. But there is no trace of accused presence anywhere. Case was filed by govt. side. How can my uncle get rid of this case OR how can we close this case? Thanks
If accused is dead you need his death certificate
2) uncle cannot get rid of his liability as surety of accused is not traceable
1. Your Uncle should be present before the Court as informed by the police and inform that the bailed person is not traceable by you.
2. In worst case the amount towards the bail bond will be forfeited by the Court.
1. There is no scope for getting rid of the problem without appearing before the Court.
2. Let your uncle appear before the Court and submit that the said person has been reported as dead by his relative which the police should not find out.
The only advise I can give you is to engage a local lawyer to ascertain the status of the case. He alone can advise you on the merits of the case after perusal of the case documents.
Noting an "alarming and sinister" increase in instances where convicts go underground after getting bail and hold the "criminal justice delivery system to ransom", the Supreme Court has said proceedings should be initiated against persons who give surety in such cases.
The apex court said that courts should not be a "mute spectator" to the attempts by the convicts to circumvent and escape undergoing the sentences awarded to them by disappearing after getting bail and action must be taken in such cases, including dismissal of the appeal.
"It seems to us that it is necessary for the Appellate Court which is confronted with the absence of the convict as well as his counsel, to immediately proceed against the persons who stood surety at the time when the convict was granted bail, as this may lead to his discovery and production in Court.
"If even this exercise fails to locate and bring forth the convict, the Appellate Court is empowered to dismiss the appeal," a bench of justices T S Thakur and Vikramjit Sen said. It said that peace, tranquillity and harmony in society will be reduced to a "chimera" if such convicts can circumvent the consequence of their conviction.
The apex court passed the order on an appeal filed by a convict whose plea was dismissed by the Allahabad High Court after he and his counsel failed to appear before it.
As for the surety, he should cooperate with police to find the accused; failure to do this, he will forfeit his bail bond.’’
If you wish to withdraw as surety in the Magistrates Court you should complete a form called Application to Cancel Surety available from the Magistrates Court of WA website.
Importantly, your obligations will continue until the accused is brought before the court and an order is made cancelling the surety undertaking.
If the accused does not appear in court and does not have a reasonable excuse, you may be required to attend court to show why you should not forfeit the surety amount.
One last question. Accused relatives claim that he is dead. But there is no trace of accused presence anywhere. Case was filed by govt. side. How can my uncle get rid of this case OR how can we close this case?
If your uncle can prove the death of the accused, then he can be relieved of his surety to the accused.