3. Procedure on application by surety to be discharged.—(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.
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
A surety for a defendant's appearance may at any time apply to the Court in which he became surety to be discharged. The Court shall then summon the defendant to appear or, if it thinks fit, issue a warrant for his arrest in the first instance. When the defendant appears under the summons or warrant, or surrenders voluntarily, the Court shall discharge the surety and call upon the defendant to find fresh security.