Allahabad High Court
Vishal Sharma vs State Of U.P. on 27 March, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 10009 of 2023 Applicant :- Vishal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Mahesh Kumar Shukla, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed for a direction to court below to accept the two sureties submitted on behalf of applicant in one case crime number as sureties in all the cases in which applicant has been enlarged on bail.
Record shows that applicant has been enlarged on bail in different case crime number by this Court vide following orders:-
(i) Criminal Misc. Bail Application No.40457 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 14.10.2022.
(ii) Criminal Misc. Bail Application No. 40670 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 11.10.2022.
(iii) Criminal Misc. Bail Application No. 44748 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 02.12.2022.
(iv) Criminal Misc. Bail Application No. 44799 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 21.10.2022.
(v) Criminal Misc. Bail Application No. 44728 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 11.10.2022.
(vi) Criminal Misc. Bail Application No. 45092 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 04.11.2022.
(vii) Criminal Misc. Bail Application No. 52204 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 09.12.2022.
(viii) Criminal Misc. Bail Application No. 52367 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 06.01.2023.
(ix) Criminal Misc. Bail Application No. 52259 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 04.01.2023.
(x) Criminal Misc. Bail Application No. 52455 of 2022, (Viashal Sharma Vs. State of U.P.) vide order dated 01.12.2022.
(xi) Criminal Misc. Bail Application No. 4289 of 2023, (Viashal Sharma Vs. State of U.P.) vide order dated 02.03.2023.
Learned counsel for applicant contends that applicant is unable to arrange 22 sureties. Consequently, in spite of the fact that applicant has been released on bail in all 11 criminal cases pending against him, applicant has yet not been released on bail as applicant has failed to furnish separate surety bonds in all the cases. In the facts and circumstances of the case, it is thus urged that applicant be directed to furnish a common personal bond and common surety bonds of like amount in all the cases. He therefore contends that appropriate direction, in the light of above, be issued in exercise of jurisdiction under Section 482 Cr.P.C.
He has then referred to Sections- 439, 440, 441, 441A, 442, 443, 444 and 445 Cr.P.C. and on basis thereof contents that under the scheme of Cr.P.C. (hereinafter referred to as "the Code") there is no mandatory requirement of furnishing separate personal bonds as well as surety bonds for seeking enlargement on bail in different case crime numbers. For ready reference, same are reproduced herein under:-
"439. Special powers of High Court or Court of Session regarding bail.-
(1) A High Court or Court of Session may direct-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub- section.
(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
440. Amount of bond and reduction thereof. -
(1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
441. Bond 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.
441A. Declaration by sureties.-
Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.
442. Discharge from custody. -
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.
(2) Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
443. Power to order sufficient bail when that first taken is insufficient.-
If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.
444. Discharge of sureties.-
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicant.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
445. Deposit instead of recognizance.-
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond."
On the aforesaid factual and legal premise, learned counsel for applicant contends that such conditions which commensurate with the facts and circumstances of present case, are liable to be imposed, so that applicant who has been granted bail in all the 11 cases pending against him is ultimately bailed out.
Reference has also been made to the orders passed by Supreme Court dated 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. and 09.08.2021 in Ramwati Awasthi & Others Vs. State of U.P. and Others. He has also referred to orders passed by this Court dated 15.03.2019 in Criminal Misc. Bail Application No.11380 of 2019, (Rizwan alias Atta Vs. State of U.P.), reported in 2019 (107) ACC 894 and 21.11.2019 in Criminal Misc. Application (under Section 482 Cr.P.C.) No.40957 of 2019, (Mobin Vs. State of U.P.), wherein Court has been modified the conditions of bail by providing that the personal bond and two sureties furnished by applicant, be accepted in all the cases pending against applicant. Photocopies of above orders have been supplied by learned counsel for applicant which are taken on record.
On the aforesaid factual and legal premise, it is urged that present application be allowed and two sureties furnished by applicant in one case crime number be accepted as sureties in all the cases.
Per contra, learned A.G.A. has opposed this application, but could not dispute the orders relied upon by learned counsel for applicant.
In view of above, present application succeeds and is liable.
It is accordingly, provided that application shall be allowed to execute one personal bond and two sureties to the satisfaction of court concerned which shall hold in all 11 cases pending against present applicant.
Order Date :- 27.3.2023 Vinay