Court No. - 45
Case :- APPLICATION U/S 482 No. - 45840 of 2018 Applicant :- Godwin Obinna George Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned AGA for the State.
The submission is that applicant was granted bail by this Court and directed the Court below to release the applicant on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court below.
The applicant made an application before the Court below that he has been directed to produce two sureties of Rs.3 lakhs each but being foreign national he has not been able to arrange two sureties and therefore, he is willing to deposit the aforesaid amount of sureties in cash, which may be accepted and he may be enlarged on bail. By the impugned order dated 30.10.2018, the court below has rejected the application of the applicant on the ground that it is bound by the order of the High Court cannot accept amount in cash as per Section 445 Cr.P.C.
Learned Counsel for the applicant has relied upon the judgements in the case of Sajal Kumar Mitra and others Vs. State of Maharashtra, 2011 LawSuit(Bom)26, Zoro Daniel Vs. State, 2012 LawSuit(Del)1503 and Sagayam @ Devasagayam Vs. State REP by Inspector of Police, 2017 LawSuit(Mad)705, wherein the Courts have held that where the accused is unable to arrange sureties, he can be directed by the Trial Court to deposit the amount of sureties in cash.
Having considered the aforesaid, the order dated 30.10.2018 passed by the learned C.J.M., Jalaun at Orai is modified to the extent that the applicant is permitted to deposit the cash amount of Rs. 6,00,000/- in lieu of two sureties with the C.J.M. concerned Subject to deposit of such security amount and on furnishing a personal bond of the same amount the applicant be released on bail by C.J.M., subject to the following further conditions:-
(i) The applicant shall not leave the country without prior permission of the learned trial court.
(ii) The applicant shall cooperative with the trial.
(iii) The applicant shall submit his passport with the learned court below, with due intimation of this order as also bail order to the Embassy of Nigeria. Such that no other, further or duplicate passport be issued to the applicant by that Embassy during the pendency of the aforesaid trial.
The present application is disposed of.
Order Date :- 19.12.2018 SS