section 441A of bail – standing surety – effect on Govt job

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This topic contains 3 replies, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 1 week ago.

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  • #3087

    I act as surety in 2 cases(both family disputes about property),at the time of acting surety I was just called by my uncle to carry my vehicle paper and driving license. That time I don’t know about anything but after when I search on internet I came to know about it that I acted as surety.In the bond format under section 441a it is need to declare about no. Of persons u acting as surety but as I told I don’t know about anything they just called me to sign paper. But according to law it is necessary to declare it. I am preparing for govt job will it create any hindrance at the time of police verification.and if I remove my role as surety then will I be safe, and if anything happens about it my uncle take responsibility that I don’t know about anything at that time will it save me. Please tell sir….

  • #3091

    As far as I understand, you are generally not required to state in the attestation form for police verification about the fact whether you have stood surety for some accused person. If, at all, there is some column for this purpose, you can state the facts correctly. It should not come in the way of your getting a government job. After all, you are yourself not an accused person but you are merely standing a surety.

    In any case, if you so wish, you can file an application for discharge as a surety from one or both cases and the concerned accused person can provide another surety in place of you.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • #3098

    Thanks sir for ur information, 441a not declared by surety is minor irregularity it is not a crime?. So I need not to worry about it in future. My last question is only this 441a if not declared is not a crime?

  • #3099

    There is something called hiding information or not providing information innocuously. Then, there is something called concealing information deliberately or intentionally. It is generally the second situation which may be an offence.

    Secondly, not all offences are cognizable offences.

    Thirdly, commission of an offence and registration of an offence may be different things. Has an offence been actually registered against you already in this regard? My understanding is that the information sought in the attestation form is with respect to offences already registered against the person concerned.

    In any case, as I wrote in my previous reply, you can apply from being discharged as a surety in at least one case to avoid any problem. Alternatively, you can inform the authorities concerned that unknowingly you had mentioned wrong information in the surety form and that you want to correct that information. Legally there is no bar on standing surety for more than one accused (or in more than one case), but the requirement is that you must provide this information correctly. So, you can correct the information now or get discharged as a surety in at least one case.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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