Delhi High Court - Orders
Mohammad Haleem Hashimi vs Customs Thr. Air Customs Officer on 21 May, 2024
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4045/2023
MOHAMMAD HALEEM HASHIMI ..... Petitioner
Through: Mr. Arjun Malik, Advocate
(DHCLSC)
versus
CUSTOMS THR. AIR CUSTOMS OFFICER ..... Respondent
Through: Ms. Anushree Narain, Standing
Counsel for respondent.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 21.05.2024 CRL.M.A.15790 /2024 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CRL.M.A.15789 /2024 (seeking release of the applicant on personal bond without surety by petitioner)
1. By way of present application, the applicant/petitioner seeks modification of the order dated 24.04.2024 vide which the applicant was directed to be released on regular bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount.
2. Issue notice.
3. Notice is accepted by Ms. Anushree Narain, Standing Counsel for respondent.
4. Mr. Arjun Malik, learned counsel for the applicant submits that the applicant has not been able to avail the benefit of the bail order as he is unable to arrange the surety of the equivalent amount. He therefore prays that the order dated 24.04.2024 be modified to the extent that instead of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 23:37:42 Rs.50,000/-, the condition of Rs.25,000/- cash surety may be imposed. In this regard, he has referred to the order dated 02.05.2024 passed by the Coordinate Bench in Habibullah Nabi Zada v. NCB in Bail Appln. 2645/2022 wherein the Coordinate Bench relying upon the decision in Nastor Farirai Ziso v. NCB, 2022 SCC OnLine Del.1024 has held as under:-
"...9. Further a Coordinate Bench of this Court in Nastor Farirai Ziso (supra) has observed that it would be a negation of the principle of rule of law and violative of constitutional mandate and principles of human rights in case benefit of Section 445 CrPC is denied to a foreign national. It was also observed that an apprehension that a foreign national may flee from justice may still theoretically persists even in a case where surety bond is furnished and the liability of surety is only to the extent of amount mentioned in the surety bond. The relevant observations of the Court reads thus:
"7. It has been submitted on behalf of the petitioner that applicant has contacted Embassy of Zimbabwe multiple times but has not been able to obtain surety and she does not know anyone in this country, who can discharge the obligation of surety. It may be observed that it would be a negation of the principle of rule of law and violative of constitutional mandate and principles of human rights in case benefit of Section 445 Cr.P.C. is denied to a foreign national merely on the ground that a foreign national is likely to escape, if released on bail. This would lead to incarceration of accused for an unlimited period till conclusion of trial even despite being granted the discretion of bail by the courts. A mere apprehension expressed by the prosecution that the accused may flee the course of justice, cannot be the sole determinative factor for denying benefit of Section 445 Cr.P.C. without consideration of other circumstances and balancing factors in this regard. This apprehension may still theoretically persist even in a case where surety bond is furnished but the liability of surety is only to the extent of amount mentioned in the surety bond. The aforesaid apprehension of the accused fleeing from the course of justice This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 23:37:42 was appropriately kept in consideration while passing the orders on bail and imposing the other conditions on the petitioner of informing her address to NCB on being released on bail. The petitioner was also directed to report to NCB office once in a week till conclusion of trial and not to leave the limits of NCT of Delhi without prior permission of the trial court. The passport of the applicant is also stated to have been seized. Further, denying deposit of cash in lieu of surety in all such cases may become punitive effecting the bifocal interest of justice to the individual involved as well as the society."
10. Section 445 Cr PC gives discretion to the court to require a person who is released on bail to be so released by executing a bond with or without sureties..."
5. Considering the aforesaid, the order dated 24.04.2024 is modified to the extent that the applicant be released on regular bail on his furnishing a personal bond in the sum of Rs.50,000/- and cash surety of Rs.25,000/- in lieu of surety bond to the satisfaction of Jail Superintendent.
6. The application is disposed of in above terms.
7. Copy of the order be communicated to the concerned Jail Superintendent electronically for information.
MANOJ KUMAR OHRI, J MAY 21, 2024/rd This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 23:37:43