VidhiSangh

Supreme Court of India · 22/08/2024

GIRISH GANDHI versus THE STATE OF UTTAR PRADESH & ORS.

[2024] 8 S.C.R. 561 · 2024 INSC 617

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Summary

An accused who had been granted bail in many FIRs across several States but stayed in custody because he could not find separate sureties for each was allowed, under Article 32, one personal bond and one set of two sureties per State, covering all listed FIRs in that State; the same sureties could stand in every State. The Court treated excessive or impossible bail conditions as a denial of bail, balanced the need for sureties against Article 21, and removed a condition requiring a local surety.

Issues

  1. Whether an accused granted bail in multiple FIRs in different States, who cannot furnish separate sureties in each, can have the personal bond and sureties consolidated so that one set holds good for several cases.
  2. How the requirement of sureties under Sections 441 and 446 CrPC is to be balanced against the accused's right to liberty under Article 21.
  3. Whether a bail condition requiring a local surety from an accused belonging to another State should be maintained.

Provisions considered

Held

Result

Writ petition allowed. For the listed FIRs in each of Uttar Pradesh, Rajasthan, Punjab and Uttarakhand, one personal bond of Rs. 50,000 and two sureties of Rs. 30,000 each to hold good for all listed FIRs in that State (executed in the Vrindavan FIR for U.P. and the Udaipur FIR for Rajasthan); same sureties may stand in all States; local surety condition removed; these terms supersede the earlier bail conditions. Other FIRs left to independent proceedings.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 561.