Document Fragment View
Fragment Information
Showing contexts for: section 445 crpc in Mohd. Anwar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 March, 2023Matching Fragments
17. While granting bail, the Court can direct the accused to execute bail bond. As per Section 440 Cr.P.C., the bond amount should not be excessive. When a person so directed to execute the bond either with surety or without surety is not able to furnish the sureties, then under Section 445 Cr.P.C., he has the option to offer cash security. But even then, it must be a reasonable amount. It should not be an arbitrary, excessive amount. It should not be in the nature of deprivation of grant of bail by fixing an heavy amount as surety amount. If heavy amount is directed to be deposited as cash security, the bailee/accused will not be in a position to comply it. If heavy amount is demanded from the surety, then the bailor will not be forthcoming. And 'haves' will go out, while 'have nots' will remain in jail.
18. Reading Sections 440, 441 and 445 Cr.P.C. together, it is clear that straightaway a Court cannot direct the accused to deposit cash security. First of all, the Court has to direct execution of bail bond by the sureties in case if the release is not on his own bond. Only in lieu of that deposit of cash security could be directed (see Section 445 Cr.P.C.)."
17. Further in Sundar @ Ashok Vs Inspector of Police, T-16 Nazarathpet Police station (Crl. O.P. No. 993 of 2017 dated 18.1.2017) the Madras High Court held that Court cannot expect every accused or surety to be a propertied person.