Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1) The responsibility for accepting the surety as solvent for the required amount is primarily that of the Presiding Officer of the Court 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. (2) The production of a solvency certificate from the Revenue Authorities is not always essential and may be insisted upon only in cases of doubt and cases involving large sums. (3) For the purpose of determining whether the surety is solvent, the Court may, if it thinks, fit accept affidavits in proof of the facts contained therein relating to the solvency of the sureties, or may make such further inquiry as it deems necessary. (4) Insistence upon the possession of immoveable property by surety for bond of small amounts not exceeding Rs. 2,000/- would cause serious inconvenience to the accused in procuring a surety. The Judge or Magistrate may, therefore, in suitable cases, where the amount of bond does not exceed Rs. 2,000/- assess the solvency of the surety even upon the basis of his moveable property and assets. The intending surety should present his application for suretyship in the model form No. 33. The Clerk of the Court or Criminal Superintendent or the Nazir in the Sessions Court or Nazir or Senior Clerk in the Court of Magistrate, or the Sheristedar in the Court of the Metropolitan Magistrate, should check the proofs accompanying the applications, and thereafter place the matter before the Judge or Magistrate with his remarks. However, in the Court of the Metropolitan Magistrate, if the amount of bond exceeds Rs. 3,000/- the Registrar should check the proofs and submit report to the concerned Magistrate. The Judge or Magistrate should consider the application in the light of the proofs produced and, if necessary, examine the surety personally and may also call for further and better proof. The Judge or Magistrate, after holding a summary enquiry, may pass an order either accepting the surety or rejecting the application.