2023 (5) TMI 1344 - HC - Indian Laws

Seeking grant of anticipatory bail - sale of car by the petitiners, which was received as dowry - HELD THAT - For Section 445 CrPC, the Legislature does not distinguish officers from Courts. Further, even the Legislature had made fleeing from justice a penal offense under section 174-A of IPC. In anticipatory bail, the surety bail bonds have to be to the satisfaction of the Investigator/Arresting Officer. In regular bail and suspension of sentence applications, the surety bonds must satisfy the concerned court, the trial court, or the available Ilaqua Magistrate. In appeals and revisions, the higher Courts ask a convict or an accused to furnish bonds under sections 389, 390, and 397 CrPC. The provisions contained in Chapter XXXIII of CrPC apply to all bails and bonds. Thus, S. 445 CrPC applies to all bails, including those granted under sections 389, 390, 397, 436, 437, 438, and 439 CrPC - section 445 CrPC provides for depositing a sum of money or Government promissory notes in all bonds except the case of a bond for good behavior. There is an absence of comprehensive data demonstrating the role of sureties in bringing the accused to justice. It is also true that the purpose of a cash bond is not to enrich the State's coffers but to secure the accused's presence. Mere recovery of the surety amount by penalty is not equivalent to producing the accused to face trial. There needs to be more assurance or likelihood of the refund of money taken by a stock surety. Whenever there is a possibility of the accused evading the trial, or is a potential flight risk, or the accused has a history of fleeing from justice, then in such cases, the concerned court can direct imposition of appropriate conditions that all the expenditure that shall be incurred to trace them, shall be recovered from such person, and the State shall have a lien over their assets to make good the loss. The petitioner is allowed to be released on bail, subject to fulfilment of conditions imposed - bail application allowed.

Issues Involved:
1. Grant of anticipatory bail u/s 438 CrPC.
2. Conditions for bail and alternatives to sureties.
3. Legal precedents on cash security in lieu of surety bonds.

Summary:

1. The petitioners seek anticipatory bail u/s 438 CrPC in FIR No. 226 dated 12.08.2022, City Kharar, District SAS Nagar (Mohali) u/s 406, 420, 465, 467, 471, 120-B IPC, 1860. They are accused of selling a dowry SUV by tampering with hypothecation documents.

2. The petitioners declare no criminal antecedents and argue that pre-trial incarceration would cause irreversible injustice. They seek bail with stringent conditions and alternatives to sureties.

3. The State and complainant oppose bail, arguing that the petitioners are the main accused and not entitled to bail on parity.

Reasoning:

4. Two co-accused have already been granted bail. Allegations have a tinge of matrimonial discord, and exaggerations cannot be ruled out. The petitioners are first offenders and deserve an opportunity to course correct.

5. The possibility of influencing the investigation, tampering with evidence, intimidating witnesses, and fleeing justice can be mitigated by imposing stringent conditions. Citing Sushila Aggarwal v. State (NCT of Delhi) and Sumit Mehta v. State of N.C.T. of Delhi, the court emphasizes balancing personal freedom and police investigation.

Conditions for Bail:

6. Petitioners shall be released on bail upon furnishing a personal bond of Rs. 10,000 each and one surety of Rs. 25,000 each, to the satisfaction of the concerned investigator. Alternatively, they may hand over a fixed deposit of Rs. 10,000 each or block the amount in favor of the Chief Judicial Magistrate.

7. The court shall have a lien over the funds until the case's closure or discharge. The petitioners must execute a bond for attendance in the concerned court(s) as required.

8. Petitioners must provide personal identification details such as AADHAR number, passport number, mobile number, and email ID.

9. Petitioners are directed to join the investigation on June 7, 2023, and whenever called upon.

10. Petitioners shall not influence or tamper with evidence or witnesses.

11. Bail bonds shall remain in force throughout the trial and thereafter u/s 437-A CrPC unless canceled due to non-appearance or breach of conditions.

Legal Precedents on Cash Security:

12. The court references various judgments, including Rajballam Singh v. Emperor, Afsar Khan v. State by Girinagar Police, Bangalore, and others, to highlight that the court cannot demand cash deposits as a condition of bail. The offer to make cash surety must come from the accused.

13. The court acknowledges the impracticalities and deficiencies of the surety system and emphasizes the need for alternatives like fixed deposits or electronic money transfers.

Conclusion:

14. The petitioners make a case for bail subject to the terms and conditions outlined. The petition is allowed, and all pending applications are disposed of.

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