Accused Unable To Deposit Surety Bond : Delhi High Court Modifies Bail Condition To Personal Bond

The Delhi High Court has modified a bail condition for deposit of surety bond to deposit of a personal bond instead, on account of the accused being a labourer lacking the financial resources for a surety bond.

In an Application filed under Section 482 Code of Criminal Procedure, read with Section 440 Code of Criminal Procedure, Justice Manoj Kumar Ohri directed for the regular bail order to be modified to the extent that the Petitioner be released on bail on furnishing only a personal bond in the sum of Rs. 5000/-.

The Petitioner had been granted regular bail in FIR No. 305/2020 registered under Sections 379/356/34 of the Indian Penal Code on 24 April, 2021. However, the benefit of the same could not be availed as he was unable to fulfil one of the conditions which required him to deposit a bond in the sum of Rs. 5000/- with one surety of the like amount.

It was submitted by the Petitioner's Counsel that the the Petitioner being a labourer was unable to furnish the same. Furthermore, he had also been granted bail in two other FIRs vide Orders dated 28.02.2020 and 26.02.2020. While he had managed the surety bonds in these two FIRs, a third surety bond for the requisite amount could not be arranged by him and, consequently, he continued to remain in jail.

Noting the aforementioned reasons, the Court proceeded to modify the order to the extent that he be released on bail, amongst other conditions, on furnishing only a personal bond in the sum of Rs. 5000/- to the satisfaction of the concerned Jail Superintendent/Duty M.M.

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