AI Overview...
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Order of Local Surety - The requirement for a surety to be from the same jurisdiction as the court is considered discriminatory and illegal. Courts have held that a surety can be from any area, and imposing a local surety condition is unconstitutional. For instance, the Supreme Court in 1979 (JLJ 1 SC) emphasized that such restrictions are unlawful Meera Devi VS State of M. P. - Madhya Pradesh.
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Deposit Instead of Local Surety - Courts have permitted deposit of cash or bonds as an alternative to local surety, especially when the accused is a foreign national or unable to furnish a local surety. Orders have been modified to allow cash or personal bonds in place of local surety, reflecting flexibility in bail conditions Grant Alan Easton VS State of U. T. Chandigarh - Punjab and Haryana, Okeke Maduka Kemath Vs The State - Telangana.
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Challenging Local Surety Conditions - Petitioners have challenged orders demanding local surety, citing inability to furnish one. Courts have set aside such conditions and permitted alternative surety forms like cash or blood surety, emphasizing that bail conditions should be reasonable and not obstruct justice Manoj Kumar VS State of Rajasthan - Dishonour Of Cheque, BHAGYA BANTA MISHRA vs STATE REP BY - Madras.
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Modification of Bail Conditions - Courts have modified bail orders to allow non-local sureties, such as blood surety or personal bonds, especially when local surety is impractical. This underscores judicial flexibility and the principle that bail conditions must be reasonable Manoj Kumar VS State of Rajasthan - Dishonour Of Cheque, Kumar Biswakarma VS State of Sikkim - Crimes.
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Legal Principles and Insights - The overarching principle is that the imposition of a local surety is not mandatory and can be challenged if deemed discriminatory or impractical. Courts favor reasonable and flexible bail conditions, including cash deposits or alternative sureties, to uphold fairness and legality Meera Devi VS State of M. P. - Madhya Pradesh, Grant Alan Easton VS State of U. T. Chandigarh - Punjab and Haryana.
Analysis and Conclusion:
Imposing a local surety as a mandatory condition for bail is generally considered unlawful and discriminatory. Courts have consistently allowed alternative forms of surety, such as cash deposits, personal bonds, or blood surety, especially when the accused cannot furnish a local surety. The key principle is that bail conditions should be reasonable, non-discriminatory, and tailored to the circumstances of the case, ensuring justice and fairness.
Search Results for "Order of Local Surety"
2006 0 Supreme(MP) 442 • India - Madhya Pradesh
SHEELA KHANNA
the Court-surety may be of any area -- order of producing local surety -- is discriminatory and illegal. 1979 JLJ 1 (SC) followed ... Criminal P.C., 1973 -- S. 457 -- security for taking the articles in supurdgi -- surety may be not necessarily of jurisdiction of ... After considering the submissions of both the parties, I am of the opinion that the condition enumerated in the impugned order dated 14.11.2005 regarding furnishing of local surety of a ....
2011 0 Supreme(P&H) 2052 • India - Punjab and Haryana
M.M.S.BEDI
(A) Criminal Procedure Code, 1973, Ss.445 & 439--Deposit instead of Local Surety--Bail--Modification of order--Non furnishing of ... local surety--Petitioner foreign nationals, their passports have already been taken into custody--Petitioners directed to furnish ... bail bonds/personal bonds deposit amount as surety. ... (Oral) - Vide order dated 14.09.2011, the petitioners have been granted concession of bail and ordered that they would be released on bail on their ....
• India - Dishonour Of Cheque
GOPAL KRISHAN VYAS
The petitioner challenged this order, stating inability to furnish local surety as ordered. ... Issues: Challenge to the order directing the petitioner to furnish fresh local surety, petitioner's inability to furnish local ... Bail Conditions - Local Surety - The court set aside the condition of furnishing only local surety and ordered the petitioner ... In compliance of the said order#....
2023 Supreme(Online)(TEL) 7345 • India - High Court for State of Telangana
K.SURENDER, J
SURETY INSTEAD OF LOCAL SURETY. ... instead of local surety. ... CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF ORDER - FURNISHING OF LOCAL SURETY - PETITIONER PERMITTED TO FURNISH CASH
2016 0 Supreme(MP) 1169 • India - Madhya Pradesh
H.P.SINGH
and directing the furnishing of local surety and a bond for the release of the vehicle. ... is set aside, directing the furnishing of local surety and a bond for the release of the vehicle. ... imposing the condition of furnishing a bank guarantee of Rs. 5 lakhs, directing instead the furnishing of local surety and a bond ... It is ordered that the onerous condition of furnishing bank guarantee is dispensed with and in its place it is directed to furnish local #HL_STA....
• India - Dishonour Of Cheque
GOPAL KRISHAN VYAS
the order itself—Prayer for surety other than the local surety should have been allowed. ... surety—Revision—Once Court satisfied itself to grant bail, conditions to be imposed for same should be reasonable and may not thwart ... Section 138—Offence of dishonour of cheque—While granting bail, trial Court put a condition of producing local ... In compliance of the said Order, the requisite bail bonds including local surety for a sum ....
2024 Supreme(Online)(MAD) 29534 • India - High Court of Madras
Honourable Mr Justice C. SARAVANAN
for the petitioner and modified the bail order to allow the petitioner to provide a blood surety and a local surety instead. ... Final Decision: The court modified the bail order to allow the petitioner to provide a blood surety and a local surety instead ... a blood surety and a local surety instead of a government servant surety, as the latter was found to be impractical for t....
2023 0 Supreme(P&H) 1072 • India - Punjab and Haryana
HARKESH MANUJA
Fact of the Case: The petitioner sought to modify the bail order to change the condition of furnishing a local surety ... Local Surety - Bail Modification - Section 279, 337, 338 of IPC, Section 3/181 of Motor Vehicles Act - [279, 337, 338 of IPC, ... 3/181 of Motor Vehicles Act] - The court discussed the imposition of the condition of furnishing a local surety and its violation ... Petitioner is primarily aggrieved with the condition specified in the orde....
2006 0 Supreme(Raj) 2713 • India - Rajasthan
GOPAL KRISHAN VYAS
of court itself – in the present case the court granted bail to the accused on the condition to furnish local surety which the accused ... if it is satisfied to grant bail, the conditions imposed on granting such bail should be reasonable and it may not prevent the order ... In compliance of the said order, the requisite bail bonds including local surety for a sum of Rs. 50,000/- was furnished by the petitioner. It is further contended that the said local su....
• India - Crimes
B.N.MISRA
be a local surety. ... (Yes) - Effect - Bail order is modi-fled that accused shall furnish personal bond for Rs. 20,000/- with one surety, who need not ... surety calls for interference ? ... For reasons aforesaid, the bail order dated 29.3.1990, is modified to the extent that accused-petitioner shall furnish personal bond for a sum of Rs. 20,000/- with one surety, who need not be a local surety, for the like amount to the satisfact....
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