• Who can give surety

Hello sir, my judgment is on 29th June 2019 . It is not know what would be but it is advised that two sureties to be brought to the court. If some unwanted order comes then these sureties will take care of me. I have been accused u/s ipc 332.
What are the documents for the sureties required. 
Pay Slip can be used for the surety ?
Asked 6 years ago in Criminal Law
Religion: Christian

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12 Answers

Not pay slip, property document, vehicle registration paper etc. Vehicle registration is valid document.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

case of Sagayam v. State, 2017 SCC OnLine Mad 1653 : (2017) 3 CTC 291 : (2017) 176 AIC 631, Madras High Court has held

 

Court can ascertain the genuineness of the sureties. A surety should have a genuine address. He may be asked to produce residential proof. He should not be a vagabond. He should establish his identity. A poor man can be a voter. Likewise, a poor man can be a surety. A surety can be a person without having own house. He can be a tenant. Even a person living in a platform, living in a slum having an acceptable address proof can also stand as a surety.

It cannot be denied that a bogus person should not be accepted as a surety. A person who is offering surety must have acceptable residential proof. He may be a tenant, licensee. A beggar can also stand as surety provided he should have some acceptable residential proof.”

 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

if Court is asking you to arrange sureties then you are going to acquit,

YES, Payslip can be used.

any person having some property like motor vehicle, land, house, FD, Pay slip, etc can be surety

 


in addition to property ownership document, he/she has to bring his/her Identity and residence proof and a photo 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Dear Client

The Punishment could be upto 3 years Under section 332 IPC.

so there can be possibility of acquitting or conviction at time of acquitting you need bail U/S 437A and in case of conviction your sentence of jail can be suspended for a chance of appeal in higher court. 

So in both cases you need surety

The documents required for surety are

  • Adhaar card of sureties
  • Adhaar card of Identifier
  • Property papers of sureties( Can be movable property if allowed by the court)

Pay slip can't be used as document for surety but still it depends on court that it accepts Pay slip or not.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

I'd proof of surety and any documents like FDs, property papers, RCs of car etc are required. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Yes pay slip,  pan card.,  adhar card etc.  He should be able to pay the amount of surety assigned by court for your offence

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

- Under section 437 (A), a person although acquitted by a court, has to pay a bond and surety of the same amount before being released from prison. The court has the discretion to decide the amount of the bond and the surety.

- Since, you are advised to arrange two surety before the date of final judgement of your case, it means there is possibility for your acquital, but even if there will be order against you , then you will have to produce the sureties for further Appeal as well.

- The Surety should be financially and mentally sound .

- Surety should have any address & identification proof with them with one passport size photgraph ,  and also having some financial papers , such as property papers, Car , Motor Cycle etc. 

- Yes, Pay slip of Surety also can be used.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

1.  Following documents are required from sureties:

a) Last three years income tax returns,

b) Property papers,

c) PAN & AADHAR cards and photographs

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

You are correct. Whenever such offences are being tried by the Judges will have  little sympathy towards the victims. Pay slips may not be taken by some judges. It is better to have Tax paid extract and Katha Extract, recent copies along with ID proof. Only local surety and he must present in person. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6239 Answers
499 Consultations

See for surety property tax bills of the house or property they own, and one identity proof is required. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

surety is a person who comes to court and promises to a judge or a justice of the peace to supervise an accused person while they are out on bail. A surety also pledges or promises an amount of money to the court by signing a type of bond called a recognizance 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the sureties are government employees, then their pay slips or pay certificates will be sufficient and for others any documents to prove their income will be accepted by court as suterty.

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

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