SC Relief For Accused Directed To Arrange 62 Sureties For Bail In 31 Cases [Read Order]

SC Relief For Accused Directed To Arrange 62 Sureties For Bail In 31 Cases [Read Order]

The Supreme Court recently came to the rescue of a man who had been asked to arrange for as many as 62 people as his sureties for bail in 31 cases.

The Bench comprising Justice R. Banumathi and Justice Indira Banerjee directed the petitioner to execute a personal bond for Rs. 30,000 and said that this bond shall hold good for all 31 cases. It further ordered that two sureties must execute the bond for Rs. 30,000—for all 31 cases.

The accused, Hani Nishad had been granted bail by the Trial Court in the 31 cases pending against him, but with the condition of arranging two sureties for each case. Unable to arrange so many sureties, he had then approached the High Court under Section 482 of the Criminal Procedure Code.

Justice Mahendra Dayal of Allahabad High Court had, however, only modified the conditions of bail by directing the Trial Court to accept one common surety for all the cases and one surety each for the 31 cases.

Nishad now contended before the Apex Court that even though the court has granted him bail, he was unable to execute the bail bonds because of the imposed condition of producing 31 sureties.

Allowing the petition, the Supreme Court then modified the High Court order, directing, “Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs. 30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs. 30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the Petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases.”

Read the Order Here