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PANKAJ JAIN
Sharanjit Singh @ Suraj – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Pankaj Jain, J.
The present bunch relates to FIRs wherein the allegations against the petitioners are of having conned the Courts. The petitioners are the persons who faked their identity while furnishing surety bonds pursuant to the bail orders passed by the Courts. The menace is widespread. These five bail applications before this Bench is testimony to the said fact. Repeatedly the Constitutional Courts have underlined necessity of separate law relating to bails. The chorus has only grown louder in recent times.
2. Chapter XXXIII of the Code of Criminal Procedure, 1973 deals with provisions related to bail and bonds. Section 441 of the 1973 Code deals with bond of accused and sureties. Section 441A deals with declaration by sureties. Section 443 empowers the Courts to order sufficient bail when that first taken is insufficient. The provisions read as under :
(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 conditio
(1) Excessive bail is no bail – To grant bail and thereafter to impose excessive and onerous conditions, is to take away with left hand what is given with right.(2) In case of multiple FIRs, Same set....
Point of Law : Surety Bond - surety bond is a contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond, it may be pointed out, has....
Statutory bail restrictions under special penal laws do not override the constitutional right to a speedy trial. When pre-trial incarceration is prolonged and trial completion is unlikely, constituti....
Constitutional courts may grant bail in cases under stringent special statutes if the accused has undergone prolonged pre-trial incarceration and the trial is unlikely to conclude soon, as such prolo....
Constitutional courts may grant bail despite statutory embargoes under special penal laws if pre-trial incarceration is prolonged and the trial is unlikely to conclude soon, as Article 21 rights over....
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