Bail
Excessive bail is no bail—If onerous conditions are imposed on bail, then it takes away the freedom granted to the accused—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.
[Para 23]
Bond and Sureties
Bail—Consolidation of sureties—Multiple FIRs against petitioner in different States—Difficulties faced by petitioner in furnishing multiple sureties across different States—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 depend on the facts and circumstances of each case—Court directed that for each State, the petitioner would furnish a personal bond of Rs. 50,000 and two sureties of Rs. 30,000 each—Same set of sureties is permitted to stand as surety in all the States. [Constitution of India, 1950, Article 21; Criminal Procedure Code, 1973, Sections 439, 441 & 446]
[Para 23 & 28]
Bail—Order for providing local surety—Propriety—Bail order passed in the State of Rajasthan—Petitioner hails from Haryana and to secure a local surety will be an arduous task for him—Such condition has virtually rendered ineffective the order for bail—Court relieved petitioner from producing local surety in the concerned bail order.
[Para 26 & 27]