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?


Asked on 2/18/09, 5:00 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: writing of surety address on Arrest warrant of accused

No. Surety can not be arrested, without prior show cause notice.

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Answered on 2/18/09, 5:52 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: writing of surety address on Arrest warrant of accused

surety cannot be arrested; but his surety amount may be forefeited.

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Answered on 2/18/09, 10:19 am
Pranav Desai PD Legal & Associates

Re: writing of surety address on Arrest warrant of accused

No surety cannot be arrested

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Answered on 2/18/09, 1:33 pm


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