In case of conviction, if the sentence awarded is more than 3 years, then the trial court does not have the power to grant bail. However, if the sentence awarded is up to 3 years only, then the trial court has the power to grant bail to the convicted accused under Section 389 of the Cr.P.C., pending appeal if he was earlier on bail.
If the trial court is not granting bail, then the accused may be taken in custody immediately at the time of passing of sentence order.
In case of acquittal, the newly inserted Section 437-A of the Criminal Procedure requires execution of bail bonds with sureties by the accused. The previous surety can also provide the surety bond again, but it may have to be given afresh after acquittal under the above legal provision.
Section 441 of the Cr.P.C. requires “sufficient sureties” to for bail bond of an accused. Sub-section (4) of this Section further provides that: “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.”
Generally, it is required that the surety should be in a position to ensure the attendance of the accused on bail on the required dates and also that the accused does not abscond, etc.
It is not necessary that the surety should always be from the same city or state. Even an outsider can be permitted to stand surety. But, the court has to take a decision in this regard regarding the sufficiency of the surety.
There is no restriction in law as to the number of accused persons for whom a person can stand sureties, but he should be a sufficient surety being in a position to ensure the attendance of the accused, etc. However, please note that Section 441-A of the Criminal Procedure that: “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.”
Therefore, if a person is already a surety for other persons, he has to make a declaration as above. It enables the court to decide whether he is a sufficient surety in the given circumstances.
Normally, a surety would need a solvency certificate or property documents, etc., for standing surety. You may make enquiries from the local court or the local advocates about the nature of documents that you have with the surety. Show the documents to them in advance.
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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