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THE FIRST SCHEDULE · ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT · Arrest before judgment

Order XXXVIII Rule 3: Procedure on application by surety to be discharged

The Code of Civil Procedure, 1908

(1) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from his obligation.

(2) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit, may issue a warrant for his arrest in the first instance.

(3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the defendant to find fresh security.

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