Law: Criminal Procedure Code (V of 1898)

Section: 499

Criminal Procedure Code (V of 1898), S. 499 read with Federal Capital and Sind Courts Criminal Circulars, paras. 16 to 20-Bail bond-Verification of solvency of surety and determina tion of sufficiency of bond-Function of Court granting bail--- Magistrate granting bail himself to verify solvency of surety and not act upon advice of others. According to section 499, Cr. P. C., two conditions are necessary before any person is released on bail or released on his own bond. These are, firstly, that he must execute a bond for such sum of money as the Court may think sufficient and that, secondly, a bond has to be executed by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the Court. In other words, it is the Court which has to determine the sufficiency of the bond as well as the sureties. This determination must be a judicial determination as the function of granting bail is a judicial function and not an administrative one. Once it is held that it is a judicial function then it necessarily follows that the Magistrate must also, upon the material placed before him, come to the conclusion as to the sufficiency of the sureties as well. The execution of the bond by surety is a simple contract executed between the Court and the surety whereby the custody of the person is given to him and for his production in Court according to the terms of the bond. It is, therefore, implied that such surety must be a person competent to contract and that further he must, be also possessed of the amount of the bond before he can be regarded as a fit person to stand surety. Thus, the word 'sufficient' would include not only the solvency of the person offering himself as the surety but also his fitness to enter into a contract. When a person offers to stand surety and submits his docu ments for verification it is for the Court to determine his solvency and his fitness for standing as surety for that person. The Magistrate cannot act on the opinion of another authority, such as the City Deputy Collector. The judicial function necessarily implies that it…