446 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The security may be a personal security with or without sureties.
The Magistrate has a right to define the class of sureties e.g. landholders, etc.
Section 122
A Magistrate may refuse to accept any surety offered, or may 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.
There is to be inquiry into fitness.
Test of fitness is whether the surety can exercise proper control over the person who has been bound over. Mere pecuniary fitness is not the only test of his fitness. The object of requiring security is not to obtain money for the Crown by the forefeiture of recognisances, but to ensure that the accused should be of good behaviour.
Surety unfit if he were staying away.
According to the Bombay High Court it is sufficient if they are solvent and respectable.
22 Bombay L.R. 190.
Ability to control the accused is not a desirable condition.
Section 126
A surety may apply at any time for cancellation of his bond.
Liability of surety
Surety’s liability arises on the breach of the bond which again depends upon the conviction of the principal.
Good behaviour and peace are general terms and include many offences. That being so, it would be unjust to hold that the surety is liable for every conceivable offence committed by the principal.
They indicate liability for such good conduct as indicated by the circumstances under which security was demanded.
Procedure
Section 112
When a Magistrate deems it necessary to require any person to show cause under such section, he shall make an order in writing