• Solvency surety

Question regarding Surety Bond of 25,000/- ordered by court to be given by two people.
We have a criminal case going in the session court, mumbai.
I got bail but I have been asked to give 2 solvency surities of 25,000 each
Can my senior citizen mom be one Surety? She does not have any income nor property in her name. 
Can the second surety be my brother who has been taking 1 tuition amounting to Rs. 10,000/ only. We can provide proof of his tuition fees thru bank statement.
Some relatives and friends we have spoken to are very scared and refused point blank. 
1. What can we do in this case? Can my mom & brother stand as surety even though they don't have any property in their name? Can we make a FD & provide for them?
2. Do we need to produce surety Certificate in Mumbai sessions court? Getting mixed responses from lawyer on this. Please confirm.
3. Please advise the procedure & help - what kind of person can stand as Surety? What can we do?
Thank you in advance
Asked 4 days ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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9 Answers

Your mother and brother competent sureties. There no such thing as surety certificate. You can deposit 25K in fd, fill up surety forms and deposit the fds in Court. You will get release order.  It that simple.  

Ravi Shinde
Advocate, Hyderabad
256 Answers
2 Consultations

5.0 on 5.0

1. Since the surety bond amount is 25,000/- , then the surety should produce proof of the same amount by way of documents of Vehicle , LIC bond etc. 

- If not available , then can make fixed deposit in the name of the mother or brother , as they can be a surety legally.

2. No, the surety should be appear in person before the trail court with the proof of bond amount. 

3. You family members can be surety ,if they having earning or any asset in their name to the tune of at least 25000

Mohammed Shahzad
Advocate, Delhi
6247 Answers
64 Consultations

5.0 on 5.0

Section 441-A Cr.P.C. contains guidance. It runs as under:

”Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.”

 

This court and other Courts while granting bail, directs the accused to execute bail bond for Rs. 25000/- and also produce sureties who should also execute a bond for similar amount. In view of the present value of the properties, it is very difficult to get property document for such value.

 

Court should be satisfied as to the genuineness, identity of the surety and his residential address. It is equally applies to the accused. For this purpose, the Court can accept copy of anyone of the following documents after verification.

1 Passport

2 Ration Card

3 PAN card

4 Driving license

5 Voter’s ID

6 Aadhaar Card

7 Photo ID issued by a recognised Educational Institution

8 Photo credit card

9 Kissan Photo Passbook

10 Pensioner’s Photo card

11 Freedom fighter photo card

12 Identity Certificate with photo issued by a Gazetted officer or Tahsildar

13 Address card with photo issued by the Postal Department

14 Disability ID card or handicapped medical certificate issued by the Government

15. NREGS Job Card

16. CGHS/ECHS/State Government/ESIC Medical Card

17. Marriage Certificate issued by the Government

18 Post Office Statement or Passbook

19. Water Bill

20 Electricity Bill

21 Property Tax Receipt

22 Landline Telephone Bill

23 Credit Card Statement

24 Income Tax assessment order

25 Arms License

26. Certificate of Address issued by the head, Village Panchayat or an equivalent authority

27. Registered Lease/ Sale/ Rent Agreement

28. Caste and Domicile Certificate that has photo issued by the State Government

29. Gas Connection Bill

30 Insurance Policy

From the above analysis, we come to the conclusion that when the accused executes bail bond, when the surety executes surety bond, Court cannot insist production of property documents, surety need not be a Government servant or a blood relative or a local surety.

 

 

Ganesh Kadam
Advocate, Pune
11930 Answers
121 Consultations

4.9 on 5.0

Make an FD in their name and deposit it in court. That is sufficient. Surety only means that the amount deposited will be forfeited in case of non compliance of the court orders. 

Don't get confused.

Regards.

Rahul Mishra
Advocate, Lucknow
11892 Answers
26 Consultations

5.0 on 5.0

Surety is a person who appears before Court and promises to a Judge/Justice to supervise an accused person while they are out on bail. - Further also pledges or promises an amount of money to the Court by signing a type of Bond.

The court may not be satisfied with your promise to come to court to answer the charges made against you. The court may decide that it needs an independent surety to guarantee your appearance. An independent surety is a person who makes themselves responsible for you coming to court. They promise to pay a sum of money to the court if you do not appear as agreed.

The surety should satisfy the conditions imposed by court to grant bail to the accused. 

A solvency certificate is a legal document that provides information regarding an individual or an entity’s financial stability on a particular date. 

A surety for solvency should provide the documents to prove his net worth as is required to establish his financial status by the conditions imposed by court 

Your mother's or your brother's  surety would be accepted if she or he produces the copies of the documents and the valuation certificate for the same.

T Kalaiselvan
Advocate, Vellore
71107 Answers
1011 Consultations

5.0 on 5.0

As per section 441(4) of Cr.P.C. a surety should be a fit person. Who is a fit person has not been defined or explained anywhere in the Code. Generally, a surety must be a genuine person. He should not be a bogus person. A surety comes to the Court and gives undertaking to the Court that he will ensure the appearance of the accused. If the accused fails to appear before the Court, the surety bond executed by the surety will be forfeited.

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.

2) 

Court should be satisfied as to the genuineness, identity of the surety and his residential address. It is equally applies to the accused. For this purpose, the Court can accept copy of anyone of the following documents after verification.

1 Passport

2 Ration Card

3 PAN card

4 Driving license

5 Voter’s ID

6 Aadhaar Card

7 Photo ID issued by a recognised Educational Institution

8 Photo credit card

9 Kissan Photo Passbook

10 Pensioner’s Photo card

11 Freedom fighter photo card

12 Identity Certificate with photo issued by a Gazetted officer or Tahsildar

13 Address card with photo issued by the Postal Department

14 Disability ID card or handicapped medical certificate issued by the Government

15. NREGS Job Card

16. CGHS/ECHS/State Government/ESIC Medical Card

17. Marriage Certificate issued by the Government

18 Post Office Statement or Passbook

19. Water Bill

20 Electricity Bill

21 Property Tax Receipt

22 Landline Telephone Bill

23 Credit Card Statement

24 Income Tax assessment order

25 Arms License

26. Certificate of Address issued by the head, Village Panchayat or an equivalent authority

27. Registered Lease/ Sale/ Rent Agreement

28. Caste and Domicile Certificate that has photo issued by the State Government

29. Gas Connection Bill

30 Insurance Policy

From the above analysis, we come to the conclusion that when the accused executes bail bond, when the surety executes surety bond, Court cannot insist production of property documents, surety need not be a Government servant or a blood relative or a local surety.

Ajay Sethi
Advocate, Mumbai
81055 Answers
5008 Consultations

5.0 on 5.0

Didn't you seek your advocate's advice?

In general the blood relationship sureties are accepted. If tge Court refuse, approach High Court for a direction. 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1881 Answers
8 Consultations

4.9 on 5.0

1. Talk to the court officials. Competence of persons to stand as surety varies with procedure of every court and there is no uniformity on this.

2. same as above.

3. Only the local advocate or the court officials can help you further. 

Devajyoti Barman
Advocate, Kolkata
22134 Answers
331 Consultations

5.0 on 5.0

Dear Sir/Ma'am, 

Surety is a person who appears before Court and promises to a Judge/Justice to supervise an accused person while they are out on bail. - Further also pledges or promises an amount of money to the Court by signing a type of Bond. The surety should satisfy the conditions imposed by court to grant bail to the accused. 

surety should be able to show to the court that they have enough assets to cover the amount of the bail. You are not required to deposit cash in most cases, but you must be “good” for the amount on the bail. Therefore your mother and brother can be your surety while you are out on bail.

No surety certificate is required.

Requirements for being a surety-

  • A solvency certificate- It is a legal document that provides information regarding an individual or an entity’s financial stability on a particular date. 
  • A surety for solvency should provide the documents to prove his net worth as is required to establish his financial status by the conditions imposed by court 

Normally any person who gives surety should be a known person of the accused having a title over an immovable property and remains solvent without any tax arrears on the property and that surety provider should not be accused of any offences and he should not have stood as a surety in any other cases.

 

 

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Anik Miu
Advocate, Bangalore
496 Answers
3 Consultations

5.0 on 5.0

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