Even A Beggar Can Stand As Surety If He Has Acceptable Residential Proof!

Sagayam @ Devasagayam vs State rep by The Inspector of Police

Madras HC

24/04/2017

Crl.M.P.No.3888 of 2017 in Crl.O.P.No.2891 of 2017

About/from the judgment:

Even A Beggar Can Stand As Surety If He Has Acceptable Residential Proof!

 

Simply because a person is poor, who has no property, no money, no job, it cannot be said that he is disqualified to stand as a surety. When the accused executes bail bond, when the surety executes surety bond, the court cannot insist production of property documents, surety need not be a government servant or a blood relative or a local surety...

He may be a tenant, licensee. A beggar can also stand as surety, provided he should have some acceptable residential proof. A surety should have a genuine address. He may be asked to produce residential proof. He should not be a vagabond. He should establish his identity. A poor man can be a voter. Likewise, a poor man can be a surety. A surety can be a person without having own house. He can be a tenant. Even a person living in a platform, living in a slum having an acceptable address proof can also stand as a surety...

 

The courts demanding production of V.A.O. certificate, Residence certificate, Solvency Certificate or Tahsildar Certificate are not mentioned in the Code of Criminal Procedure. These are all creations and inventions of certain Courts. It is clear that these are all not out of any judicial thinking. It is out of an useless thinking curbing the liberty of the individual...

 

Chapter 33 of the CrPC does not say that the surety should be a member of the family or a blood relative. Court cannot insist that the sureties should be local surety. Suppose if the accused belongs to a different district, different State or even a foreigner or the accused is a business man or working here such as Nepalies, Biharies, etc. who will not have local sureties, their relatives are also in Bihar etc., it will be difficult for them to secure local sureties...

 

The high court also held that anyone of the following documents can be accepted by the courts for address verification:

 

  1. Passport
  2. Ration card
  3. PAN card
  4. Driving licence
  5. Voter’s ID
  6. Aadhaar card
  7. Photo ID issued by a recognised educational institution
  8. Photo credit card
  9. Kissan photo passbook
  10. Pensioner’s photo card
  11. Freedom fighter photo card
  12. Identity Certificate with photo issued by a Gazetted officer or Tahsildar
  13. Address card with photo issued by the Postal Department
  14. Disability ID card or handicapped medical certificate issued by the government
  15. NREGS Job Card
  16. CGHS/ECHS/State Government/ESIC Medical Card
  17. Marriage certificate issued by the government
  18. Post Office statement or passbook
  19. Water Bill
  20. Electricity Bill
  21. Property Tax Receipt
  22. Landline telephone bill
  23. Credit card statement
  24. Income-tax assessment order
  25. Arms licence
  26. Certificate of Address issued by the head, village panchayat or an equivalent authority
  27. Registered lease/sale/rent agreement
  28. Caste and Domicile Certificate that has photo issued by the state government
  29. Gas connection bill
  30. Insurance policy

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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