THE SUPREME COURT ORDERED THE PERSONAL BOND OF ONE BAIL ORDER HOLD GOOD FOR OTHER BAIL ORDERS IN GIRISH GANDHI CASE
Category: Criminal Law
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FACTS OF THE CASE
In the present matter, petitioner was associated with a company named wide blue retail Private Limited, which allowed its usage of its trade name through franchise agreement for opening grocery shops. The company took the franchise. The amounts and refunds security with an agreement to give space to open Store on rent in some cases and failed in its promise. It is to be noted that thirteen 13 FIRs have been registered Against the petitioner under various provisions of the Indian Penal Code Wherein the petitioner has been granted the Conditional bail in all the registered FIRs.
The instant writ petition was filed by the petitioner named Girish Gandhi. Seeking for it order or direction with regard to the personal bonds and sureties executed by the petitioner with respect to the FIR No. 0030 of 2021 on 21.01.2021 at Gurgaon Police Station. The petitioner requested the court to hold good all the personnel balls and survive executed by him for other eleven bail orders which were passed in his favour by courts in different states.
ISSUES
Whether, the petitioner is entitled to relieve of treating the personal bond and one set of sureties already furnished as holding good for the other bail orders also?
LEGAL PROVISIONS
Section 436, the Code of Criminal Procedure
Section 441, the Code of Criminal Procedure
CONTENTIONS OF THE APPELLANT
The petitioner contends that he has already furnished personal bail bond of Rs. 50,000 and surety of Rs. 50,000 in the Trial court at Gurgaon. He states that his wife is physically challenged and works as a teacher in a private school with bare earnings whereas it becomes really difficult for him to sustain his family who has an aged mother to take care of. The petitioner submits that the petitioner is not able to Avail his liberty due to his inability to produce the charities for all the 13 first information reports registered in different courts of different states.
CONTENTIONS OF THE RESPONDENT
The respondents submitted that it is necessary for the petitioner to produce separate surety bonds food different and separate offences. Bonds of one surety cannot be mixed up with the bond executed or to be executed in other Cases against different crime numbers. Separate securities have to be paid for separate cases registered and a common sure cannot be Produced for all the registered FIRs together.
COURT ANALYSIS AND JUDGMENT
The Supreme Court of India allowed the present rate petition. The court after Hearing the submissions put forth by the both parties Believed that the petitioner is experiencing a genuine difficulty in finding multiple sureties. Excessive bale is no bail Is a principle which has been followed Since time immemorial. The Court ordered that There is a need to balance the requirement of furnishing the personal bonds and sureties Under article 21 of the Indian constitution. In the light of the above consideration, the supreme court Allow the petitioner on the relief of treating the personal bonds furnished holding good for other bail orders also.
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WRITTEN BY: PATHI HRUDAYA REDDY GUIDED BY: ADVOCATE ANIK
