FIRST LAW

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.