Bail jurisprudence - Enlargement on bail with or without sureties - Scope of
Ss. 440(1), 441, 445 read with s. 389(1) of the Code of Criminal Procedure, 1973
-Criteria to guide in quantifying the amount of bail and acceptance of surety
whose estate is situate in a different district or State, explained.
Pursuant to the directions of the Supreme Court for releasing the petitioner-appellant "on bail to the satisfaction of the Chief Judicial Magistrate," the
Magistrate ordered that a surety in a sum of Rs. 10,000/- be produced. When the
petitioner produced one, the magistrate made an odd order refusing to accept
the suretyship of the petitioner's brother because he and his assets were in
another district. Frustrated by magisterial intransigence the prisoner moved this
Court again to modify the original order "to the extent that the petitioner be
released on furnishing surety to the tune of Rs. 2,000 /- or on executing a personal bond or pass any other order or direction as this Hon'ble Court may
deem fit and proper". Directing the Magistrate to release the petitioner on his
own bond in a sum of Rs. 1,000 /- the Court.