Section 121, Cr.P.C. provides that a Magistrate may refuse to accept any surety offered or reject any surety previously accepted by him or his predecessor on the ground that such surety is an unfit person for the purposes of the bond. It is within the discretion of the Magistrate to accept or reject the surety the discretion must be exercised only after a satisfactory inquiry in accordance with law. The Magistrate shall, therefore, before holding an inquiry give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. If the Magistrate is satisfied after considering the evidence so adduced before him that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting such surety and record his reasons for so doing.
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Sections 123 (10) and 124 deal with the discharge of sureties. Any surety for the peaceful conduct or good behaviour of another person may, at any time, apply to the court making such order to cancel any bond executed by him within the local limits of his jurisdiction. On such application being made, the Magistrate shall issue a summons or warrant requiring the person for whom such surety is bound to appear or to be brought before him.
ADVERTISEMENTS:
When such person appears or is brought before the Magistrate or court, the Magistrate or court shall cancel the bond and order him to give for the unexpired portion of the term of such bond fresh security of the description as the original security.