TaxTMI 
TaxTMI 
2024 (8) TMI 1140
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....he petitioner in connection with FIR No. 0030 of 2021 dated 21.01.2021 registered at P.S. Sadar, District Gurugram, shall hold good for eleven other bail orders passed in his favour from the Courts of different States. Details of the bail orders in different FIRs have been elaborated hereinbelow. 2. The question that arises for consideration is, is the petitioner entitled to the relief of treating the personal bond and one set of sureties already furnished as holding good for the other bail orders also? Brief Facts:- 3. Very broadly, the prosecution case is that the company in which the petitioner was concerned with, namely, White Blue Retail Pvt. Ltd. (hereinafter referred to as 'the Company') allowed the use of its trade name through franchisee agreement for opening of Grocery Shops. The Company also took the franchisee amounts and refundable security. The substratum of the allegation is that the Company which was to give space to open store on rent in some cases; 5% commission on monthly sale in some; 10% margin on goods sales in some others; 12% interest as dividend on investment in a few and minimum 24% profit in certain agreements, failed in its promise. 4. Totally, 13 F....
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....al bail bonds with a sum of Rs. 50,000/- and one surety of Rs. 50,000/- in the Trial Court in respect of FIR no. 0030 of 2021 registered at P.S. Sadar, Gurugram. The petitioner also submits that he has fulfilled the conditions of bail with respect to the order passed by the Learned Additional Chief Judicial Magistrate, Thalassery, Kerala in FIR No. 53 of 2020 registered at P.S. Pinarayi, Kerala. 6. The petitioner's contention is that he was the main bread earner of the family. The Petitioner claims that he was merely working in the Company as In-charge (Accounts), though this is disputed by the prosecution. The claim of the complainants in some of the FIRs is that he was the Director of the Company. We are not to resolve that issue here. The petitioner further contends that his wife is physically handicapped and is a teacher in a private school and barely earns enough to eke out a living for herself and their son. Petitioner also avers that he has an aged mother to take care of. 7. The main plea of the petitioner is that he is not in a position to furnish separate sureties, as directed in the remaining 11 bail orders. In view of that he seeks for treating the sureties already fur....
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....iew of that, according to the State, bond of one surety cannot be mixed up with the bond executed or to be executed in other cases against different crime numbers. Stating so, the State opposes the prayer of the petitioner. 12. Similarly, counter affidavit has been filed by the State of Rajasthan. The State points out that apart from the two FIRs mentioned above, there is one more FIR No. 230 of 2020 registered at Police Station Sadarpur, District Jodhpur, Rajasthan. The State contends that separate sureties are required and a common surety cannot be made liable to pay the amount in excess of the amount of bond that he or she furnishes. The State has also opposed the prayer of the petitioner. 13. Equally, the State of Uttarakhand has averred that separate personal bond and sureties ought to be furnished insofar as the sole FIR pending in the State is concerned. The Superintendent, Bhondsi Jail, Gurugram has also filed a counter affidavit opposing the prayer of the petitioner. 14. The petitioner has also filed an additional affidavit placing on record certain subsequent events pointing out that two more FIRs have been registered against him viz., FIR No. 608 of 2022 registered at....
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....d of accused and sureties. - (1)Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition. (3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness." 19. Section....
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....f the law. 23. From time immemorial, the principle has been that the excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand, what is given with the right. As to what is excessive will depend on the facts and circumstances of each case. In the present case, the petitioner is experiencing a genuine difficulty in finding multiple sureties. Sureties are essential to ensure the presence of the accused, released on bail. At the same time, where the court is faced with the situation where the accused enlarged on bail is unable to find sureties, as ordered, in multiple cases, there is also a need to balance the requirement of furnishing the sureties with his or her fundamental rights under Article 21 of the Constitution of India. An order which would protect the person's fundamental right under Article 21 and at the same time guarantee the presence, would be reasonable and proportionate. As to what such an order should be, will again depend on the facts and circumstances of each case. 24. In Satender Kumar Antil vs. Central Bureau of Investigation & Anr. (2022) 10 SCC 51, this Court held that "imposing a cond....
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.... (we assume the allegation in the petition). What is a Malayalee, Kannadiga, Tamil or Telugu to do if arrested for alleged misappropriation or theft or criminal trespass in Bastar, Port Blair Pahalgam or Chandni Chowk? He cannot have sureties owning properties in these distant places. He may not know any one there and might have come in a batch or to seek a job or in a morcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non-regional language applications? What law prescribes the geographical discrimination implicit in asking for sureties from the court district? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Article 14 protects all Indians qua Indians, within the territory of India. Article 350 sanctions representation to any authority, including a court, for redress of grievances in any language used in the Union of India. Equality before the law implies that even a vakalat or affirmation made in any State language according to the law in that State must be accepted everywhere in the territory of India save where a valid legislation to the contr....