444.Discharge of sureties.-
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail,
“The petitioner stood surety for one Rajesh J. Trivedi for an amount of Rs. 3,00,000/-. This surety bond was executed on 27-8-1991 pursuant to the order of the Court by which the accused was to be released on bail in the amount of Rs. 4,00,000/- out of which the accused Rajesh Trivedi deposited Rs. 1,00,000/- and for the remaining amount of Rs. 3,00,000/- the petitioner stood surety.”
The case debated on whether the arrest of the accused had automatically discharged surety bond – The surety bond was executed in 1991 and the notice of forfeiture was issued in 1996 – The facts showed that the accused had been arrested on non-bailable warrant in 1994 and was thereafter released on the basis of the same surety – It was held that the magistrate ought to have noticed surety regarding his continuance as surety to the accused – However, the surety had not automatically discharged and hence, the revision against order of forfeiture was not sustainable.
Bombay High Court.