Guest Article: ACCEPANCE OF SURETY – IN COURT
Friday, January 20, 2023
ACCEPANCE OF SURETY – IN COURT
Article by: Jagadeesha A., Advocate (94498 47222)
The Hon’ble High Court of Karnataka has given clear direction in respect of accepting surety in subordinate court in order to avoid fake Sureties. While disposing the writ petition No.8524 of 2019 (GM RES) dated 23rd September 2022 the Hon’ble Court has given the guidelines for avoiding giving fake surety.
The guide lines are summarized below:
1.Solvency Certificate :
Surety has to produce solvency certificate in original and signed by issuing authority with Name , Designation stamp and date of issue. The Solvency Certificate should affix the photograph of the surety and affix signature or Thumb impression of Surety
2.Adhar Card
The Solvency Certificate accompanied by self attested Adhar Card of the surety
3.Salary Certificate :
In Case Employees who stand surety they have to produce the Identity Card Certificate and Salary Certificate from the Employer. The Certificate should contain the signature of surety counter signed by the Employer
4.Identification
The Salary Certificate or Solvency Certificate court has to satisfy the signature/Thumb impression of the surety and Compare it relates to the surety present in the court along with photograph. The Surety should produce Bank Pass Books or Ration Card Adhar Card or some other form of identify Cards to establish their identity with reference to the particulars of solvency Certificate
5.Verication of Property
Details of the Property to be cross checked by the concerned ministerial staff from the website of Boomi or Kaveri software as may be required.
6.Cash Surety
If the surety is given in the form of cash court shall satisfy that the accused has a permanent address and fixed above and his presence Copies of Adhar Card , Ration Card, Election ID etc of the Accused to be collected
7. Cross Verification with Data Base
The person who stood surety the same is to be cross checked with the database to verify if such person has stood surety earlier.
Article by: Jagadeesha A., Advocate (94498 47222)