Supreme Court: Under which circumstance the court can release convict on personal bond after acquittal in appeal?

 It would be a travesty of justice if the petitioner is unable

to secure the benefit of bail order for his inability to furnish

local surety. This will infringe the rights guaranteed under

Article 21 of the Constitution for the person, who continues to be

detained despite a bail order in his favour. {Para 6}

7. Having considered the circumstances here, we deem it

appropriate to say that the petitioner be released on bail on his

personal bond without insisting on local surety, to ensure

compliance with this Court’s bail order dated 03.05.2024.

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3363/2024

RAMCHANDRA THANGAPPAN AACHARI  Vs

THE STATE OF MAHARASHTRA 

 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY

 HON'BLE MR. JUSTICE SUDHANSHU DHULIA

 HON'BLE MR. JUSTICE S.V.N. BHATTI

Date : 18-09-2024

 UPON hearing the counsel the Court made the following

Print Page

Whether court should grant bail to a foreign national, who is unable to furnish local surety?

 In LachhmanDass v. Resham Chand Kaler, (2018) 3 SCC 187, (Para 10), Hon'ble Supreme Court held that the law under section 439CrPC is very clear and in the eye of the law every accused is the same irrespective of their nationality.{Para 11}

15. In Shokhista v. State, 2005 LawSuit (Del) 1316, Delhi High Court observed,

5. …The accused is a foreign national and is not able to furnish a local surety. The same does not debar her from being admitted to bail. The provision of local surety is nowhere mentioned in the Code of Criminal Procedure and surety can be from any part of the country or without. In the present case, since the accused is a foreign national and is facing investigation under Sections 4, 5 and 8 of the I.T.P. Act and in view of the fact that the Petitioner is ready and willing to make a deposit in cash in lieu of the surety in addition to a personal bond, I am of the opinion that the ends of justice would be met in permitting her to do so. Consequently, I admit the Petitioner to bail on her furnishing a personal bond in the sum of Rs. 20,000/- and a cash deposit of the like amount in lieu of the surety to the satisfaction of the Trial Court. The Petitioner shall not leave the country without prior permission of the trial court and shall deposit her pass-port with the trial court.

16. Given the above reasoning, coupled with the peculiar facts and circumstances of the case, the Court is granting bail to the petitioner, subject to strict terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.

 In the High Court of Himachal Pradesh at Shimla

(Before Anoop Chitkara, J.)

Collins Vs  State of H.P.

Cr.M.P. (M) No. 254 of 2021

Decided on April 27, 2021,

Citation: 2021 SCC OnLine HP 787

Print Page