Tue. Nov 24th, 2020

Section 444 Discharge of sureties

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Section 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.
                                                                        STATE AMENDMENTSwest bengal;
In section 444
(1) in sub section (1) ,after the words “at any time “,insert the words ” ,on showing sufficient cause”
(2)After sub-section (1) ,insert the following sub-section,namely-
“(1A) on such application being made ,the Magistrate may either hold an inquiry himself ,or cause an inquiry to be made by a Magistrate subordinate to him,on the correctness of the reason shown in the application to discharge the bond as stated in sub-section (1) ” and
(3)For sub section (2) ,substitute the following sub-section ,namely-
“(2) if the Magistrate is satisfied ,on enquiry made under sub-section (1A),that all or any of the sureties applying for discharge may be discharged,he shall issue warrant of arrest directing that the person so released be brought before him”
[vide west Bengal Act xxiv of 2003,sec .3]

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