Can Cash be Deposited Instead of a Surety Bond for Bail?

The Uttarakhand High Court recently answered if cash can be deposited instead of a surety bond for bail by applicant-accused. The question came when a foreign national applied for bail.

Background:

In the instant case, the applicant was accused of offences punishable u/s 120B, 420 of IPC, u/s 66 of IT Act and Section 14 of Foreigners Act, 1946. The applicant applied to deposit cash instead of a bond to surety bail, but Additional Chief Judicial Magistrate rejected the same.

Aggrieved, the applicant challenged the order in the Uttarakhand High Court.

Contentions

The applicant informed the Court that his passport is deposited with the concerned magistrate, because of which he is unable to arrange sureties and requested the Court to accept cash instead of surety bond.

Learned counsel for the applicant argued that if a person cannot provide surety due to nationality, Section 445 (Deposit instead of Recognizance) of CrPC would come into play. Therefore cash deposit can be allowed instead of surety to secure bail.

Judgement

Hon’ble Court held that the applicant could deposit a cash amount to Court’s satisfaction, instead of executing a surety bond.

Case Details:-

Title: David Morrison vs the State of Uttarakhand

Case No.: Crl. Misc Application No.: 902 of 2020

Date of Order: 13.01.2021

Coram: Hon’ble Justice Alok Kumar Verma

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