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State of Madhya Pradesh - Section

Section 743 in Criminal Courts - Rules and Orders

743. The responsibility for accepting a surety as solvent for the required amount is primarily that of the magistrate who has demanded the security, and in ordinary cases he should discharge it himself by making such summary enquiry as in the circumstances of the case he may think fit. When the case is important or the amount of security demanded is large the Magistrate may ask the nazir or naib-nazir to enquire into the solvency of the surety and submit a report, or ask the surety to produce a certificate of solvency from the tahsildar.

Note. - The production of a solvency certificate is not essential and in most cases a summary enquiry by the Magistrate or nazir or naib-nazir should suffice. This should not however be considered as in any way limiting the right of a Magistrate to demand a solvency certificate in cases of doubt or cases involving large sums. It is the Magistrate's duly to see that while he keeps proper control of the proceedings he causes parties as little inconvenience as possible.