Allahabad High Court
Purnanand Ram Chandra & Another vs State Of U.P. & Another on 8 March, 2021
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- U/S 482/378/407 No. - 1109 of 2021
Applicant :- Purnanand Ram Chandra & Another
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Sudhaker Prakash,Satish Kumar
Counsel for Opposite Party :- G.A.,Digvijay Nath Dubey
Hon'ble Vivek Chaudhary,J.
1. Heard learned counsel for the petitioners, Sri Digvijay Nath Dubey for opposite party No.2.
2. By means of present petition the petitioners have prayed for reducing the amount of personal bond and amount of sureties after considering the circumstances of the case.
3. It has been contended by the learned counsel for petitioners/applicants that by the order dated 29.01.2021 passed by Special Chief Judicial Magistrate (Custom), Lucknow whereby applicants were granted bail in Case Crime No.10/2020, under Section 135 of Custom Act, 1962, Police Station D.R.I., Lucknow. The applicants were directed to be released on bail subject to executing a personal bond of Rs.10,00,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
4. It has further been submitted that fixing sureties of such high amount is absolutely arbitrary in as much as it is impossible for the applicants to arrange for such sureties which is beyond their means and passing of such an order would amount to denial of the bail and thereby despite the order of bail having been passed by court below, they would continue to languish in jail.
5. The applicants have further placed reliance upon the judgment of Hon'ble Supreme Court in the case of Parvez Noordin Lokhandwalla Vs. State of Maharashtra and another passed in Criminal Appeal No.648 of 2020, dated 1.10.2020 wherein in para 21 it has been held as under:-
"The conditions which a court imposes for the grant of bail - in this case temporary bail - have to balance the public interest in the enforcement of criminal justice with the rights of the accused. The human right to dignity and the protection of constitutional safeguards should not become illusory by the imposition of conditions which are disproportionate to the need to secure the presence of the accused, the proper course of investigation and eventually to ensure a fair trial. The conditions which are imposed by the court must bear a proportional relationship to the purpose of imposing the conditions. The nature of the risk which is posed by the grant of permission as sought in this case must be carefully evaluated in each case."
6. Learned counsel for the opposite party, on the other hand, submits that fixing of sureties is totally within the domain of the court looking into the gravity of offence and other circumstances to secure presence of the accused during the trial. He also submits that amount of surety should be fixed taking into account the financial position of the applicant coupled with the fact that the amount so fixed should be sufficient to ensure the presence of the applicant before the trial court, during the trial and ensure that he does not flee from justice.
7. Looking into the averments made in the application, I am of the considered opinion that personal bond of Rs.10 lakhs and two sureties of Rs.10 lakhs are excessive and beyond the means of the applicants. It has also to be seen that both the applicants are not residents of State of U.P. and it will be difficult to procure their presence in case they flee from justice and balancing both these aspects of the matter, in my opinion, personal bond of Rs.2 lakhs and two sureties of the same amount would be sufficient for release of the applicants.
8. The application is, therefore, allowed. The order dated 29.01.2021 passed by learned Special Chief Judicial Magistrate (Customs), Lucknow arising out of Case Crime No.10/2020, under Section 135 Custom Act, 1962 at Police Station D.R.I., District Lucknow is modified to the extent that the amount of personal bond and two sureties in the said order is reduced from Rs.10 lakhs to Rs.2 lakhs. Thus the petitioners/applicants shall provide a personal bond of Rs.2 lakhs and two sureties of the same amount in the aforesaid case crime.
Order Date :- 8.3.2021
Shubhankar
(Vivek Chaudhary, J.)
