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CAN A PRESENT MAGISTRATE DISQUALIFY SURETY GIVEN TO A PREDECESSOR

The Magistrate may accept or reject any surety and he commands such privilege under the Law. Otherwise, the Magistrate can also disqualify any Surety given before his predecessor terming it unfit with respect to the bond executed by the person. Before rejecting or accepting such Surety, it is expected of the Magistrate to conduct inquiry of the Surety under oath for its fitness by him or by his Subordinate. If, Subordinate conducted the inquiry he needs to file a report to the Magistrate who authorised him.

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