LexGIRISH GANDHI versus THE STATE OF UTTAR PRADESH & ORS.
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[2024] 8 S.C.R. 561 : 2024 INSC 617 Girish Gandhi v. The State of Uttar Pradesh & Ors. Writ Petition (Criminal) No. 149 of 2024 22 August 2024 [B.R. Gavai and K. V. Viswanathan,* JJ.] Issue for Consideration Multiple cases were filed against the petitioner. Though he was granted bail in all of them, he was not able to furnish multiple sureties. Is the petitioner entitled to the relief of treating the personal bond and one set of sureties already furnished as holding good for the other bail orders also. Headnotes† Code of Criminal Procedure, 1973 – s.441 – Bond of accused and sureties – Constitution of India – Article 21 – 13 FIRs against the petitioner in 6 States – Enlarged on bail with conditions in all of them – Unable to find multiple sureties – Sureties already furnished in two cases in two States, if would enure to the benefit of the other 11 cases: Held: Petitioner is experiencing a genuine difficulty in finding multiple sureties – Sureties are essential to ensure the presence of the accused, released on bail however, in cases where the accused enlarged on bail is unable to find sureties in multiple cases, there is also a need to balance the requirement of furnishing the sureties with his or her fundamental rights u/Article 21 of the Constitution of India – An order which would protect the person’s fundamental right u/Article 21 and at the same time guarantee the presence, would be reasonable and proportionate – As to what such an order should be, will depend on the facts and circumstances of each case – For the FIRs pending in the States of Uttar Pradesh, Rajasthan, Punjab and Uttarakhand, in each State, the petitioner will furnish his personal bond for Rs.50,000/- and furnish two sureties who shall execute the bond for Rs. 30,000/- each which shall hold good for all FIRs in the concerned State – The same set of sureties to stand as surety in all the States. [Paras 23, 28] * Author 562 [2024] 8 S.C.R. Digital Supreme Court Reports Code of Criminal Procedure, 1973 – Bond and sureties – Condition of local surety – In one of the bail order in the State of Rajasthan, the petitioner who hails from Haryana was directed to provide a local surety – Propriety: Held: One of the reasons which delays the release of the accused/ convict is the insistence upon local surety – In such cases, the courts may not impose the condition of local surety – In the present case, the petitioner hails from Haryana and to secure a local surety will be an arduous task for him – This condition virtually rendered the order for bail ineffective – Petitioner relieved from the direction to produce a local surety. [Paras 26, 27] Code of Criminal Procedure, 1973 – Bail – Bond and sureties – Imposition of excessive and onerous conditions: Held: Excessive bail is no bail – To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand, what is given with the right – As to what is excessive will depend on the facts and circumstances of each case. [Para 23] Words and Phrases – ‘surety’ – Definition & Meaning – Discussed. [Para 21] Case Law Cited Satender Kumar Antil v. Central Bureau of Investigation & Anr.[2022] 10 SCR 351 : (2022) 10 SCC 51; Hani Nishad @ Mohammad Imran @ Vikky v. The State of Uttar Pradesh (SLP (Criminal) Nos. 8914-8915 of 2018); In Re Policy Strategy for Grant of Bail in SMWP (Criminal) No. 4/2021(2023) SCC OnLine SC 483; Moti Ram and Ors. v. State of Madhya Pradesh [1979] 1 SCR 335 : (1978) 4 SCC 47 – referred to. Books and Periodicals Cited Oxford Dictionary; Advanced Law Lexicon by P. Ramanatha Aiyar, 3rd Edition 2005 – referred to. List of Acts Code of Criminal Procedure, 1973; Constitution of India. List of Keywords Personal bond; Surety; Sureties; Bond of accused and sureties; Multiple FIRs; Multiple cases; Multiple sureties; Unable to furnish/ difficulty in finding multiple sureties; Excessive bail; Bail with conditions; Local surety; Condition of local surety. [2024] 8 S.C.R. 563 Girish Gandhi v. The State of Uttar Pradesh & Ors. Case Arising From CRIMINAL ORIGINAL JURISDICTION: Writ Petition (Criminal) No. 149 of 2024 (Under Article 32 of The Constitution of India) Appearances for Parties Prem Prakash, Aditya Harsh, Ms. Deepali Nanda, Advs. for the Petitioner. Ms. Garima Prasad, Sr. A.A.G., Vishnu Shankar Jain, Ghanshyam Singh, Dr. Monika Gusain, Ms. Nupur Kumar, Ms. Niharika Tanwar, B.S. Rajesh Agrajit, Milind Kumar,
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