Can one family member stand as surety for two accused persons in same case?


Some Courts insists that the surety should be a Government servant or a public servant or a person permanently employed in a reputed concern. This is not at all mentioned in the Code of Criminal Procedure.
These are all inventions not by the Code but by some courts.

It cannot be said that all Government servants, public servants are Buddas.
There are many Government servants who are cheats.

In many cases under Section 420 I.P.C., many Government servants are figuring as accused.Chapter 33 of the Code does not say that the surety should be a member of the family or a blood relative.
Court cannot insist that the sureties should be local surety.

Suppose if the accused belongs to a different district, different State or even a foreigner or the accused is a business man or working here such as Nepalies, Biharies, etc. who will not have local sureties, their relatives are also in Bihar etc., it will be difficult for them to secure local sureties.

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.

Reference: Section 441 of the Code of Criminal Procedure,1973 Case law: 1) Harakchand Vassanji Gogri vs Asstt. Collector Of Customs And … on 24 December, 1986, 2) Keshav Narain Choudhary And Ors. vs The State on 24 July, 1953. 3) Mahadeo Amrut Gajbhiye vs The State Of Maharashtra on 9 November, 1973.



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