ARINZE BERNARD EMENIKE Vs. AKHILESH K MISHRA

JUDGEMENT

(1.) THIS is application under Section 445 read with Section 482 cr. P. C. for conversion of the condition of surety to cash surety in bail order dated 18th March, 2009, vide which the applicant/petitioner was directed to be released on bail on furnishing bail bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the concerned court.

(2.) IT is submitted on behalf of the applicant that the applicant/accused was arrested for the offence of having 344 gram of heroin on 29. 08. 2007 and he was granted bail by this Court vide order 18th March, 2009. However, the petitioner could not avail of the bail order as he is a foreigner and has been unable to procure a suitable surety. It is prayed on his behalf that the condition of surety be altered to cash surety. It is also submitted that the applicant has already been behind bars for more than 15 months. It is also submitted that the applicant should not be punished because he cannot procure a personal surety in a foreign land. The personal surety cannot provide any additional safety to the argument that the applicant may abscond. It is further submitted that the even if the applicant is to abscond, the personal surety is only liable for the amount of money being put. The personal surety cannot be made liable under any law for any punishment. The arguments that the personal surety shall be able to tell the address of the applicant can only be an argument because the passport of the applicant is already with the prosecution as well as on the file of the trial court and the same has the address of the applicant. It is further prayed that in such situations cash sureties be allowed because otherwise it can have the disastrous affect of people bringing in false sureties.

(3.) COUNSEL for the applicant in support of his case has relied upon the following judgments:- (1) Babu Singh and Ors. Vs. State of Uttar Pradesh, AIR 1978 SC 527. (2) Crl. M. A. No. 4387/2008 in Bail Application No. 320/2008 titled as obinkons Emma Vs. NCB, decided on 8. 4. 2008. (3) Mr. Agali E. Samki Vs. The State (NCT of Delhi), 2006 (3) JCC 1292. (4) Shokhista Vs. State, 2005 (3) JCC 1612.