RAHUL KHATRI (SELF) 18 April 2013

138 ni bail - local surety a stringent requirement??

Hi,

A case U/s 138 NI has been filed against me in Haryana and i am a resident of Delhi.

I have received the summons from the court and am appreaing for Bail in the matter.

Without going into the merits of the case i have few queries to the Learned Lawyers on the site..

1. Is the Condition of providing Local Surety true or any individual can act as surety. I know that in one case of mine at saket, the surety was posted by a person from Bangalore as the accussed was unable to produce any local surety and the MM accepted the same.

2. Are there any Judgements from Supreme Court which have clarified this point. I have heard about some judgement from Supreme Court "ram singh etc" from 1972-73 which has clarfied the same but i havent been able to find the same.

3. Any other judgements from Supreme Court, Punjab and Haryana High Court or any other High Court whch have stated that any Citizen from India can stand surety if the accussed is unable to provide for a local surety.

Thanking you all in Anticipation.

Regards

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3 Replies

arvind singh mann (advocate) 18 April 2013

DEAR THOUGH SOMETIMES COURTS ASKS FOR LOCAL SURTIES , ,,,,,PUTTING ANY CONDITION ON BAIL IS DENIAL OF BAIL ,,,ITS CONDEMNED BY OUR SUPEREME COURT,,,, LAW SAYS IF ANY PERSON IS FROM ANOTHER STATE ,THEN HE MUST BE RELEASED ON PERSONAL BOND ONLY,, DICREAMINATION IS NOT PERMITED [ STATE OF MADHAYA PARDESH VS MOTIRAM ,SC ] WILL HELP U

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RAHUL KHATRI (SELF) 18 April 2013

Thank You Mr. Mann!!

I have also found another judgement of the Supreme Court, which is also relevant..

"KESHAB NARAYAN BANERJEE AND ANR VS THE STATE OF BIHAR" 11 JULY 1984..