Legal Question in Criminal Law in India

meaning 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?

I got answer that surety can not be arrested, o.k. than What is the meaning of this ?


Asked on 2/20/09, 6:32 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: meaning writing of surety address on Arrest warrant of accused

You need to seek clarification from court.

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Answered on 2/21/09, 3:42 am
Pranav Desai PD Legal & Associates

Re: meaning writing of surety address on Arrest warrant of accused

Yes, surety cannot be arrested. If such a warrant is issued you may have to check the records of the court or seek clarification from the court.

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Answered on 2/21/09, 5:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: meaning writing of surety address on Arrest warrant of accused

The surety may be afforded an opportunity to produce the accused in court before the surety amount is forfeited.

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Answered on 2/20/09, 7:31 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: meaning writing of surety address on Arrest warrant of accused

The court can ask surety to produce the accused.

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Answered on 2/21/09, 1:06 am


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