Chapter XXXII
Section 444 CrPC: Discharge of sureties
New Law Update (2024)
Section 509 BNSS
TRIAL COURT
Magistrate
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
Important Sub-Sections Explained
Section 444(1)
This sub-section empowers any or all sureties who have furnished a bond for a person released on bail to apply to a Magistrate at any time for the discharge of their bond, either completely or only in relation to themselves.
Section 444(3)
This sub-section outlines the final outcome: once the person appears (either by warrant or voluntarily), the Magistrate must discharge the original bond and direct the person to find new, adequate sureties. Failure to do so may result in the person being committed to jail.
Landmark Judgements
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE AT [City/District]
Criminal Misc. Application No. ________ of 20______
IN THE MATTER OF:
[Name of Surety 1]
Son/Daughter of [Father’s Name]
Resident of [Address]
AND
[Name of Surety 2 (if any)]
Son/Daughter of [Father’s Name]
Resident of [Address]
…APPLICANTS
VERSUS
THE STATE OF [State Name]
…RESPONDENT
AND
[Name of Accused Person]
Son/Daughter of [Father’s Name]
Resident of [Address]
…ACCUSED PERSON
APPLICATION UNDER SECTION 444 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR DISCHARGE OF SURETY BOND
MOST RESPECTFULLY SHOWETH:
1. That the above-named accused person, [Name of Accused], was granted bail by this Hon’ble Court/Hon’ble High Court/Hon’ble Sessions Court on [Date of Bail Order] in connection with FIR/Case No. [FIR/Case No.] registered at Police Station [Police Station Name] for offences under Section(s) [Relevant Sections of IPC/Other Law].
2. That the Applicants herein stood as sureties for the attendance and appearance of the said accused person before this Hon’ble Court/competent court, by executing a surety bond for a sum of Rs. [Amount of Bond] each on [Date of Bond Execution].
3. That due to [State reason for discharge, e.g., personal difficulties, change of residence, no longer able to supervise, fear of accused absconding, etc.], the Applicants are no longer able/willing to continue as sureties for the accused person.
4. That the Applicants are desirous of being discharged from their respective surety bonds, either wholly or so far as relates to them.
5. That this application is being made bona fide and in the interest of justice.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Accept the present application and discharge the Applicants from the surety bond executed for the attendance and appearance of the accused person, [Name of Accused], either wholly or so far as relates to the Applicants.
b) Issue a warrant of arrest directing that the accused person, [Name of Accused], be brought before this Hon’ble Court.
c) Upon the appearance/surrender of the accused person, direct him to find other sufficient sureties for his continued attendance and appearance.
d) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY.
Place: [City]
Date: [Date]
[Signature of Surety 1]
[Name of Surety 1]
[Signature of Surety 2 (if any)]
[Name of Surety 2]
VERIFICATION
I, [Name of Applicant], son/daughter of [Father’s Name], aged about [Age] years, resident of [Address], do hereby solemnly verify that the contents of the above application from paragraphs 1 to 5 are true and correct to my knowledge and belief, and nothing material has been concealed therefrom. I further verify that the prayer made is also correct.
Verified at [City] on this [Day] day of [Month], 20[Year].
[Signature of Applicant]
[Name of Applicant]
(Note: This is a draft format and may need modifications based on specific court rules and facts of the case.)