Last Updated on March 18, 2024 by News Desk
Recently, the Supreme Court observed that surety at an unreasonably high amount effectively defeats the very purpose of the grant of bail and infringes the right to life and personal liberty of the accused protected by Article 21 of the Constitution.
A bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and Manoj Misra reduced the surety amount of the accused from 10 lakh to 25,000 Rs. While stating, “The purpose of directing an accused who has been released on bail to furnish surety is to ensure that the accused is present to answer further proceedings including at the trial. Determining the amount of surety at an unreasonably high amount effectively defeats the very purpose of the grant of bail and infringes the right to life and personal liberty of the accused protected by Article 21 of the Constitution.”
Brief facts of the case were as follows-
The accused, Ashok Sandeep Singh, was facing charges under Sections 409 (criminal breach of trust), 419 (impersonation), 420 (dishonest delivery of property), 467 (forgery), 468 (forgery for cheating), 471 (fraud by electronic documents) and 120B (criminal conspiracy) of the Indian Penal Code (IPC). By an order dated 18 October 2023, a Single Judge of the High Court of Judicature at Allahabad directed that the accused be released on bail subject to conditions as may be imposed by the trial court including furnishing “heavy surety”. The Additional Chief Judicial Magistrate at Prayagraj directed the petitioner to furnish a personal bond of Rs 10 lakhs with two sureties in the like amount.
The accused filed an application to reduce the surety amount which was dismissed by the high court. Aggrieved by the high court decision, the accused-petitioner moved to the apex court.
The court noted that despite the order of the High Court dated 18 October 2023, the petitioner continues to languish in jail for inability to furnish the surety in the amount of Rs 10 lakhs. It further said, “The quantum of surety which has been fixed by the trial court effectively defeats the right to seek bail.”
Therefore, the court disposed of the application and reduced the surety amount.
“We accordingly order and direct that the quantum of surety which has been fixed by the trial Judge in the amount of Rs 10 lakhs shall stand reduced to Rs 25,000. Likewise, the personal bond which is to be filed by the petitioner shall be in the amount of Rs 25,000/- “the court ordered.
Case title- Ashok Sandeep Singh vs State of Uttar Pradesh
Written by Shagun Behal
