The Single Judge Bench of the Allahabad High Court (Lucknow Bench), comprising Justice Dinesh Kumar Singh in the case of Mr. Golugiri Venkata Reddy v. State of UP has permitted the petitioner to submit two sureties only in lieu of ten sureties in five cases of NI Act.
The Bench expressed that “learned trial Court is directed to fix two sureties of Rs.50,000/- (Rupees fifty thousand) for all the above mentioned five cases in the event the petitioner is granted bail.”
Facts of the Case
The petitioner named Mr. Golugiri Venkata Reddy was a resident of Andhra Pradesh . There are five cases under the Negotiable Instruments Act, 1881 against the petitioner pending in the Court i.e. 2019 of 2017, 2030 of 2017, 2031 of 2017, 2041 of 2017 and 2042 of 2017.
The petitioner contended before the Court that he may be permitted to submit personal bond in each case and two sureties, as may be directed by this Court, be taken in all the five cases in the event he was granted bail. The main contention of the Petitioner was that he was the resident of Andhra Pradesh and was unable to furnish two sureties in all the five cases.
Aggrieved by which, the accused moved Appeal in the High Court to get relief for furnishing two sureties only.
Submission by the Appellant
The Counsel on behalf of the Appellant, Mr. Neeraj Saxena submitted that there are five cases under the Negotiable Instruments Act, 1881 against the petitioner pending in the same Court i.e. 2019 of 2017, 2030 of 2017, 2031 of 2017, 2041 of 2017 and 2042 of 2017; the petitioner is residing in Andhra Pradesh and it is impossible for him to arrange sureties for each case; the petitioner is a law-abiding citizen and he will not flee and would cooperate with the ongoing proceedings of trial; and the petitioner may be permitted to submit personal bond in each case and two sureties, as may be directed by this Court, be taken in all the five cases in the event he is granted bail.
He also submitted the judgment of the Supreme Court named Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh to support his contentions.
Court Reasoning & Judgment
The Court considered the arguments submitted by the petitioner and held that so far as the order dated 13th November, 2018, whereby the application for discharge has been rejected, is concerned, the petition is dismissed. However, learned trial Court is directed to fix two sureties of Rs.50,000/- (Rupees fifty thousand) for all the above mentioned five cases in the event the petitioner is granted bail.
Case Details
Case:- U/S 482/378/407 No. - 2820 of 2019
Petitioner:- Mr. Golugiri Venkata Reddy
Respondent:- State of UP
Counsel for Petitioner: - Mr.Neeraj Kumar Saxena
Counsel for Respondent: - Govt. Advocate
Judge: Justice Dinesh Kumar Singh
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