Surety property alienated
In the current case, the accused was granted conditional bail by High Court, Hyderabad in Sec 138 of NI Act Case. The accused was ordered to deposit 1/5th of the compensation amount in cash and the rest in immovable properties as surety.The accused brought in third parties to provide the surety in immovable properties. But later within few months the third parties who gave surety sold these immovable properties. Now I have the following questions:
1) What are the obligations of the people who gave surety?
2) Can they alienate the immovable properties given as surety to the Court?
3) What action we can take on these people who gave surety?
4) Who should we approach? The trial court where the sureties were furnished or the HC which granted conditional bail?
5) Under what sections of CPC we should file a petition in the trial court/HC?
6) What is the sanctity of surety given to courts if they can be alienated immediately without the knowledge of the court when the case is still pending?
It is very clear that the people who gave surety cheated the court. They might have done with or without the knowledge of the Accused. Hence our focus is not cancelling bail of the Accused immediately. We would like to focus on these third parties who provided surety and cheated.
Thanks in advance.