No Statutory Requirement That Accused Must Put Signature On Bail Bond In Court Or In Presence Of Police Officer: Punjab & Haryana High Court

The Punjab & Haryana High Court has made a significant observation with respect to filing of bail bond, that there is "no statutory requirement" that the accused must put their signatures on it, in the presence of the Police officer or in the Court.

While granting anticipatory bail in the corruption case, Justice Anoop Chitkara allowed a 75-year-old elderly woman suffering from advanced carcinoma and residing in the USA to send the signed copy of the bail bond through post to her counsel, who shall forward it to the concerned police officer.

The Court was hearing pre-arrest bail plea of one Veena Parmar, who was accused of influencing an assistant collector, to pass a favourable order in land dispute. Accordingly, an FIR was lodged under Sections 409, 420, 120-B IPC and 13(1)(a) read with 13(2) of Prevention of Corruption Act.

The counsel for the petitioner submitted that Parmar cannot travel to India due to her critical health condition and elderly age, hence she should be permitted to furnish her bail bonds digitally.

After hearing the submission, the Court noted that "the petitioner apprehends arrest, and it is not the State's case that her apprehension is false; as such, she has a fundamental right to exercise her statutory right under S. 438 CrPC, 1973, seeking anticipatory bail."

The Court observed that anticipatory bail is a court's guarantee to the accused that in case of their arrest, the arresting officer shall release them on bail. However, this release is subject to compliance with statutory conditions and the bail order and is primarily an assurance to face the trial.

"The accused gives their assurance by furnishing personal and surety bonds regarding the bail order. Given this, the execution of bail bonds, if called upon by the Investigating Agency, is a necessary condition, failing which the order granting anticipatory bail would be inconclusive and would also eclipse if it contains a sunset clause," it added.

Referring to Section 441 CrPC which prescribes "Bond of accused and sureties" and Form 45, the Court said, it "clearly reveals that there is no statutory requirement that the accused must put their signatures in the presence of the Police officer or the Court."

Allowing the plea the Court said that, "if the Investigator wants to arrest the petitioner, they shall inform her as well as her counsel by sending an e-mail and a message, on the e-mails of the petitioner and her counsel, as well as by sending messages (On normal message and/or on WhatsApp) to the petitioner's number as well as her counsel's phone number, giving them thirty days to handover the personal bonds signed by the petitioner at the place of her residence."

It added further that the petitioner can send the bonds through her counsel in case she furnishes fixed deposit instead of surety and if she furnishes surety bond, then through her surety, and the Arresting Officer/Court, if they want to formally arrest her, shall release the petitioner on bail in the FIR.

Among other conditions, the Court directed to give Rs. 1 lakh surety to the satisfaction of the concerned SHO, before whom the bonds are required to be furnished.

"If the bonds are to be furnished before a Judicial Magistrate, then in case of the non-availability of the concerned Judicial Magistrate, to any other nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned officer/court must satisfy that if the accused fails to appear in court, then such surety can produce the accused before the court," the Court concluded.

In the light of the above, the plea was disposed of.

Mr. Vijay Lath, Advocate for the petitioner.

Mr. Sukhdev Singh, A.A.G., Mr. Kanav Bansal, D.A.G., and Ms. Swati Batra, D.A.G., for Punjab Government.

Mr. R.S. Randhawa, Advocate - Amicus Curiae, Mr. Yugank Goyal, Advocate -Amicus Curiae

Title: Veena Parmar v. State of Punjab

Citation: 2024 LiveLaw (PH) 222

Click here to read/download the order