Legal Provisions of Section 441 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Bond of accused and sureties:
This section contemplates the taking of a personal bond from the accused person and a bond by one or more sureties. The bond must be duly executed under this Code. The time, date and place for appearance of the accused must be specified in the bond and an omission to mention these details would render the bond vague and therefore void.
ADVERTISEMENTS:
In cases where more than one accused are released on bail. Court should insist on separate bonds being executed by each of them with sureties. The section does not contemplate a composite bond being executed by the persons released on bail or by their sureties.
The sufficiency of sureties at the time of granting bail to the accused is to be determined by the Court using its discretion. The Supreme Court has ruled that it is not within the power of the Court to reject surety on the ground that he or his estate was situate in a different district or State.
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The Supreme Court has clarified that the surety promises to pay specified amount if the accused person does not appear at the specified time and place as required by law. If the accused fails to turn up at the given time, the surety money is forfeited. Surety must be living persons who may be imprisoned in case of default and it is for this reason that non-living entities such as Banks, Companies etc. cannot execute surety bonds under this section.
ADVERTISEMENTS:
Where any change in the terms and conditions under which the accused person is granted bail is not acceptable to the surety, he should communicate the same to the Court concerned otherwise he will be held liable in case of breach of any condition.
Where the High Court directed that the accused be released on bail after executing a bail-bond to the satisfaction of the District Magistrate, and the District Magistrate asked the accused to deposit the bond amount in cash, his order was held to be void being contrary to the provision of Section 441 of the Code.
When the accused is discharged on surety-bond under this section, it is the responsibility of the sureties to have control on his movements and whereabouts so that he may appear before the Court as and when required. It is the responsibility of the sureties to ensure attendance of the accused in Court.
[441-A. Declaration by Sureties:
ADVERTISEMENTS:
Every person standing surety to an accused person for his release on bail shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.]
