Code
(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond:
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the 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.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:
Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
Explanation
This section empowers the Magistrate to exercise his discretion in evaluating the suitability of the sureties presented for the accused. The Magistrate’s decision must be based on valid reasons and recorded in writing.
Illustration
Suppose a person is accused of a serious offense and presents a surety who is known to be insolvent and has a history of criminal activity. In this case, the Magistrate may reject the surety under Section 121, as he may deem the surety unfit and unable to fulfill the obligations of the bond.
Common Questions and Answers
Q: What are the grounds for rejecting a surety?
A: The grounds for rejecting a surety are enumerated in Section 121 itself. The Magistrate can reject the surety if they are deemed unfit, unable to provide the security, lack sufficient means, are likely to fail in producing the accused, or for any other valid reason.
Q: Is the Magistrate’s decision to reject a surety final?
A: No, the accused person can appeal against the Magistrate’s decision to reject the surety in a higher court.
Q: What if the surety is rejected, and the accused cannot afford bail?
A: In such a scenario, the accused may be remanded to judicial custody until the next hearing of the case.
