FIRST LAW

Criminal P.C. 1973 - Ss. 437 & 482 – Magistrate Court’s direction  that the sureties shall be native and they shall provide a shelter to the accused within the jurisdiction of the Court till the completion of the trial is without jurisdiction and it is illegal. It is liable to be set aside.

Criminal P.C. 1973 - S. 441- Penal Code, 1860 - Ss. 323 & 307 r/w. 34 - Bond of accused and sureties - Cash Security - Solvent Sureties - Seeking cash security from the accused as pre-condition for grant of bail amounts to defeating Article 21 of the Constitution - The procedure of obtaining Solvency Certificate causes procedural difficulties to the sureties, therefore, such condition shall not be insisted - S.441 of Cr.P.C. does not contemplate furnishing of solvent sureties - The whole purpose of seeking solvent sureties or personal bond is to secure the accused before the Court for trial - The conditions imposed shall not be such that they defeat the bail order granted.