Response

Under Indian criminal law surety has huge responsibility and generally they are not absolved till the trail of the case .Recently apex court had also made restrict remark regarding this due to no appearance of accused after obtaining bail

You should give application to the court that now I am not willing to give zamanat .so they can remove you from suerity.and than court issue warrant against him if he is not willing to arrange another zamanat.

Just file an application in the concerned court for withdrawing the surety. The court will issue notice to the accused and will ask him to present another surety for his case. So you will be allowed to withdraw the surety.

When an accused person seeks for bail in court, court may ask him for a surety from other person. Purpose of surety is to make person responsible for the act of accused person after release. It is kind of an agreement for the responsibility of acts of accused person. In this article we will look who can be a surety in a criminal cases, requirements and conditions to become a surety, legal provisions and case laws related to surety.

Section 441 of the Code of Criminal Procedure, 1973 talks about the bond of accused and sureties for bail. According to this section court may ask for the surety by one person or more according to case. After bail of accused surety or sureties are conditioned that person shall attend the place mentioned in the given bond at given time. If it is required to appear in High court, Sessions court or any other court, then bond shall bind that person for that.

If at any time you do not want to continue being a surety, you can apply in writing to be removed as surety. Go to the courthouse to make your application.

When you ask to be removed as the surety, a surety warrant will be issued for the accused person. The accused person will be arrested and put back into custody. You can also bring the accused person with you when you go to court and ask to be removed as surety.

Reference: In case of State of UP v Bhola Ram[iv], it was held that, surety is not for money but to assure that accused should appear at court. Contract with surety and contract with accused are separate from each other. Therefore the person who can insure that accused will appear in court can be a surety.

Section 441 in The Code Of Criminal Procedure, 1973
441. Bond of accused and sureties.
(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.

(2) Where any condition, is imposed for the release of any person on bail, the bond shall also contain that condition.

(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.

(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either, hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

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