Power to reject sureties
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 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 purpose 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 warrants, as he thinks fit, and cause
the person for whom the surety is bound to appear or to be brought before him.