• Being a guarantor (jaamin) for same person in two different cases

Can a person remain guarantor before Court for a person in two different cases. Once I had remained a jaamin for one of my friend and now again he has been put behind bars for another case. Can I remain guarantor for him again. If not, why and if yes, how , Please help. the advocate of my friend denied to this. But I doubt, since he is not replying in proper manner. pl do help. There is already an endorsement has been made on Ration card by the Court, for remaining jaamin in his 1st case. Can I again remain jaamin for him in another case, in such scenario. please advice
Asked 6 years ago in Criminal Law
Religion: Hindu

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8 Answers

Dear Client,

Can I remain guarantor for him again - no, till u not give another guarantee in 2 second case but on some surety and not personal guarantee.

Can I again remain jaamin for him in another case, in such scenario ----Not on the basis on old surety, but some other like vehicle documents, property etc.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hi, you can be a surety only once in a case .. If you have already provided surety then you cannot provide surety in any other case ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

The lawyer is correct as it is a court procedure

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Respected sir...

You can be guarantor in second case also but the condition is that you can't be in the same court ..It's so simple ask your advocate to give your paper if the court is not same ...Else your friends advocate is Right...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Yes you may definitely give surety in another case also. There is no bar for the same in any act or statute. Kindly contact some other local lawyer who can advise you accordingly.

Also, might be a case that the local court (judge) does not accept same person as guarantor. Therefore I advise you to consult some other local lawyer and act accordingly.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Querist

once you give your surety(jaamin) in a case then without given your written application /surety bond you can not be presumed as his surety(jaamin) in another case, you are only liable for surety in First case and not for second.

if you wants to give another surety(jaamin) again for him then you can otherwise automatically, you can not be presumed his surety(jaamin) in another case.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Yes you can stand surety (Jaamin) to the same person for another case also. There are well settled laws for that.

The court cannot reject your solvency for the same person for another case citing that you cannot stand as solvent again.

A citation reported in 2015-1-TNLJ-CRL-20 would be a helpful citation to understand the law involved in it.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Hi

No you cannot be the surety twice.

But due to lack of fair system the clerks and others allow the same person as surety in many cases.

Acc. To guidelines one person can be surety only once.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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