There is no outer limit mentioned in the law for the number of cases in which a person can stand surety for a single accused or for more than one accused for the grant of bail to him / them.
However, it appears that the intention of the law is that a person should not stand surety for a large number of accused persons, since every surety is required to make a declaration under Section 441-A of the Cr.P.C. before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars:
“441-A. Declaration by sureties.— 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.”
In this regard, Section 441(4) of Cr.P.C. is also relevant, which lays down as under:
“(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.”
This shows that the court can conduct an inquiry to ascertain whether a surety is fit or sufficient. This implies that if a person has stood surety for a large number of accused persons, he may not be found fit or sufficient for standing surety for further accused persons.
In fact, even the solvency of a person may also be in question if he stands surety for many accused persons or in many cases for the same accused person.
Thus, while the law does not lay down any specific outer limit on the number of accused persons (or the number of cases for a single accused) for whom a person can stand surety, the above factors may be considered to ascertain whether a surety is fit or sufficient. Therefore, standing surety for a large number of cases for a single accused or for a large number of different accused persons may not be acceptable.
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. List of his Quora Answers. List of his YouTube Videos.
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