Section 140 of BNSS : Section 140: Power to reject sureties.
BNSS
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Explanation using Example
Example 1:
Rajesh is arrested for a minor theft and is granted bail by the Magistrate. His friend, Suresh, offers to be his surety. However, the Magistrate learns that Suresh has a history of failing to appear in court when required and has a criminal record. The Magistrate decides to hold an inquiry to determine Suresh's fitness as a surety. After giving notice to both Rajesh and Suresh, the Magistrate conducts the inquiry and records the evidence. Based on the evidence, the Magistrate concludes that Suresh is not a fit person to be a surety and rejects him, providing detailed reasons for the decision.
Example 2:
Priya is accused of a bailable offense and her brother, Amit, offers to be her surety. Initially, the Magistrate accepts Amit as a surety. However, later it comes to the Magistrate's attention that Amit has been involved in fraudulent activities. The Magistrate decides to re-evaluate Amit's suitability as a surety. He issues a notice to Amit and Priya and conducts an inquiry, recording all the evidence presented. After reviewing the evidence and the report from a subordinate Magistrate, the Magistrate finds Amit unfit to be a surety and issues an order rejecting him, ensuring that Priya is brought before the court to address the change in her bail conditions.