One of my friend's cash was looted by the group pf criminals. About 70 lakhs were recovered by the police and criminal case was registered on the accused who are under Judicial custody. My friend filed an application to the Hon'ble court for releasing the said amount. The cash was released on conditions. The complainant shall produce cash as and when required by the Hon'ble court. As surety of double the value to be submitted by the third party. Being my good fried I extended surety based on one property worth Rs. 1.5 Crore. Now hon'ble court has directed to produce the cash. Meanwhile my friend's business turned NPA and he became insolvent. He did not appear on the dates. So hon'ble court issued summons to me. Eventually Non bailable warrant was issued to me and my friend was arrested and produced in the court. He filed his bankruptcy documents. Now the court is insisting to me to produce the cash. Quereis :- -There is no dispute on ownership of cash. Then why court is asking to produce the cash. Is it because of reason that it is a property recovered during investigation and to convict the accused, thus property has to be identified. -Is there any remedy available to my friend for not showing the cash. -Can I plead that it is settled law that first, all the options available for recovery from complainant has to be exhausted before coming to me. -If producing cash is for the purpose of identifying the property, then how my cash becomes a property Is there any remedy available to me to come out of the case
Challenge the order in appeal. Holding cash for long period itself was wrong condition. At the time of recovery and release of cash, proper report may have prepared. Submitting cash in court would have serve no purpose.
-Can I plead that it is settled law that first, all the options available for recovery from complainant has to be exhausted before coming to me. NO, since friend has violated the release condition.
File appeal agasint order.
The cash is the evidence so if it's claimed by aacused that the said cash was his then court will decide the same.
The court will decide the same. But the IO may have noted the no of notes and photos of cash.
Yes it will only be recovered by you when your friend absconds. Surety is for making him attend the court.
You need to make him attend the matter
As a suerity you can not avoid the liability of following the court order.
Tell court physical cash is not available to you. Request to create a charge to the property till final disposal of the case .
In extreme case you can move to high court for necessary directions to the lower court so as to avoid any unwanted adverse circumstances.
1) you have to comply with court orders and produce cash
2) since friend has become insolvent court has passed orders to produce cash as you have given surety
3) you can file revision application against order of trial court if you so desire
the surety undertakes a primary liability.
you can file revision application against order of court.
1. See the said cash recovered was mudamaal of the case the court may ask to produce it to check it or verify it in the case.
2. See since there is no option left he can seek relief from high court against the order of lower court producing cash.
3 No it is not settled law, the court can proceed against surety simultaneously with the accused.
4 See you ir accused can file petition before high court seeking direction to waive of production of this cash amount.
Yes this is the reason of producing the cash as it is case property till disposal of suit.
He has availed the remedy by submitting the bankruptcy documents.
You can produce the cash it will be returned to you after identification.
If the cash was released on that condition that he will produce the same before the court as and when the court directs him to do so, then he cannot deny the same, if he is unable to produce the same then the surety has to comply with the conditions which he agreed and signed at that time.
You cannot claim any excuse if your friend could not produce the same before court except to obey the court order and produce the case on behalf of yor friend, it will be returned ot you once the court formalities are completed.
