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62 bail sureties a dire task, says Supreme Court

The Supreme Court in Delhi.

The Supreme Court in Delhi.  

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Modifies HC order, reduces it to two

The Supreme Court came to the aid of a suspected gangster who was asked to produce 62 sureties to be granted bail in the 31 cases against him.

A Bench of Justices R. Banumathi and Indira Banerjee agreed with Hani Nishad, the accused in question, that gathering that many sureties would indeed be a dire task.

Instead, the Bench, in a recent order, directed Nishad to produce two sureties for getting bail in all the cases. “The petitioner is said to have been involved in 31 criminal cases for various offences, including under the Gangster Act. The trial court granted bail in all the 31 cases by different orders on condition of arranging two sureties each in all the cases,” the Supreme Court narrated the burden put by the trial court on the accused in exchange for his freedom.

Nishad had then moved the Allahabad High Court, contending that “it was impossible to arrange 62 sureties”.

In September last year, the High Court modified the trial court order by directing the trial court to accept one common surety for all the cases and one surety each for the 31 cases.

‘Onerous terms’

Nishad’s lawyer approached the Supreme Court submitting that his client was unable to execute the bail bonds because of the “onerous conditions of bail imposed particularly the condition of producing 31 sureties”.

The Supreme Court further modified the High Court order, directing Nishad to execute a personal bond for ₹30,000 for all 31 cases. The apex court ordered that the same two sureties would do for all the cases.

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Printable version | Jan 24, 2020 10:37:55 PM | https://www.thehindu.com/news/national/62-bail-sureties-a-dire-task-says-supreme-court/article25853046.ece

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