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“The liberty granted to the accused through bail orders remained illusory as he continued to languish in jail, and the separate bail bonds liable to be executed by the sureties required them to travel to various Magistrate Courts all over the State.”
The Court clarified that the grant of interim bail was intended solely to assist in the ongoing investigation. Additionally, it instructed Professor Mahmudabad to provide a single bail bond covering both FIRs and to submit his passport to the Chief Judicial Magistrate.
“Bare reading of Section 446 of the CrPC makes out a case wherein separate orders are required to be passed by the Court, firstly, at the time of cancellation of the bail bonds, and secondly, when the penalty is imposed.”
The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.
“It is observed that in Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the word “shall” means “it is mandatory for the accused to furnish bail bond with surety”.”
The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.
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