Legal Question in Criminal Law in India
writing of surety address on Arrest warrant of accused
Accused in a case u/s 138, after getting bail has not been appearing on many hearings, when it was told to presiding officer of trial court to issue notice to surety u/s 446, the said request was not accepted in stead after a long discussion, The address of surety was got written on the Arrest Warrant of Accused itself by the presiding officer. What is the meaning of this, does it mean that if accused is not arrested, than surety can be arrested?
3 Answers from Attorneys
Re: writing of surety address on Arrest warrant of accused
No. Surety can not be arrested, without prior show cause notice.
Re: writing of surety address on Arrest warrant of accused
surety cannot be arrested; but his surety amount may be forefeited.
Re: writing of surety address on Arrest warrant of accused
No surety cannot be arrested
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