Requirement of Local Surety by Courts at the time of Bail held not justified:-
It is also within the powers of Magistrate to ask for one or more sureties as per provisions of Section
441 of the Code (CrPC) , but there is no provision in the Code that the furnishing of local surety can be insisted upon as it has discretion implicit in asking for such sureties. Only requirement is that of solvent surety.
Article 14 of the Constitution of India protects all Indians qua Indians, within the territory of India, who is also a citizen of India insisting upon local surety from the accused would be unfree in free India. He cannot be made alien in his own homeland as the republic of India is made all unified stuff.
The bond amount as per Section 440 of the Code would be fixed with due regard to the circumstances of the case and shall not be excessive. However, the High Court or the Court of Sessions can also direct that the bail required by a police officer or Magistrate be reduced if found unreasonable.
1)Supreme Court in Moti Ram and others v. State of Madhya Pradesh [AIR 1978 SC 1594].
2) Ram Lal Versus State of H.P. Respondent. High Court Shimla
Cr.MMO No.4023 of 2013 Reserved on: 31st July, 2013 Decided on: August 2, 2013
Requirement of Local Surety by Courts at the time of Bail held not justified
Requirement of Local Surety by Courts at the time of Bail held not justified. Surety for bail can be from any part of Indian territory