Heard learned counsel for applicant and learned A.G.A. for the State as well as perused the record.
The present 482 Cr.P.C. application has been filed to direct the learned Court below not to insist the applicant to file separate surety bonds in all cases (mentioned in para 4 of the memo of petition) and to accept only two sureties in lieu of all seven cases mentioned below.
The applicant has stated to be involved in following seven cases and obtained bail orders:
1. Case Crime No.645 /2019, under Sections 457, 380, 411 IPC, Police Station Thakurganj, District Lucknow.
2. Case Crime No. 646 of 2019, under Sections 457, 380, 411 IPC, Police Station Thakurganj, District Lucknow.
3. Case Crime No. 838/2019, under Sections 457, 380, 411 IPC, Police Station Thakurganj, District Lucknow.
4. Case Crime No. 338/2019, under Sections 457, 380, 411 IPC, Police Station Thakurganj, District Lucknow.
5. Case Crime No. 771/2019, under Sections 457, 380, 411 iPC, Police Station Thakurganj, Lucknow.
6. Case Crime No. 245 of 2019, under Sections 457, 380, 411 iPC, Police Station Thakurgnaj, Lucknow.
7. Case Crime No. 348/2019, under Sections 457, 380, 411 IPC, Police Station Thakurganj, Lucknow.
Learned counsel for the applicant submits that seven false cases were registered against the applicant and in all those cases, the applicant has been directed to be released on bail by the competent Courts, however, the applicant is having every apprehension that, if the same sureties will be placed in all the cases pending before the trial Court, the same would not be accepted and despite the applicant has been directed to be released on bail, he will not come out of the prison, because he will not be in a position to arrange separate sureties for each case. Therefore, it is submitted that, the trial Court be directed to permit the accused-applicant to file same sureties in all nine cases.
Learned A.G.A., however, opposes the contention of learned counsel for the applicant, on the ground that, it is always the discretion and satisfaction of the trial Court, so far as, the acceptance of the sureties is concerned.
Having heard learned counsel for the rival parties, the only grievance of the applicant appears to be that, he despite have obtained the order of the bail in seven cases is not able to come out of the prison, because he is not able to find separate sureties for each case, and a prayer has been made that, he be permitted to file same sureties in all the seven cases and a suitable direction in this regard be given to the trial Court.
The acceptance of the sureties and the verification of them is the prerogative of the trial Court and the same in any case could not be controlled by this Court. Sufficient guidelines in this regard have been given by the High Court on administrative side to the subordinate Courts. However, as far as, the grievance of the applicant, pertaining to the fact that, he is not in a position to arrange separate sureties for all seven cases is concerned, the answer to this apprehension and grievance is implicit in Section 441-A of Code of Criminal Procedure, which is reproduced as under:-
"Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars."
Perusal of this Section shows that, a person who is intending to be the surety of any accused person is obliged to declare before the Court that apart from the person to whom he is standing surety, for how many other accused persons, he has stood surety. Therefore, the texture of the Section 441-A of the Cr.P.C., which has been introduced by way of amendment made in the year 2006 clearly reflects that, a person may stand surety for more than one accused person and in more than one case. So there appears no bar for a person to stand surety in more than one case and also for more than one accused person. However, as stated earlier, the status, verification and the competency of the surety will always be assessed by the trial Court before acceptance.
Thus it is directed that, if the sureties placed before the trial Court are otherwise competent and their status and other particulars have been verified the trial Court in its discretion may accept the same in all the seven cases, but the satisfaction in this regard will always be of the trial Court.
With the aforesaid observations, the application is finally disposed of.
Order Date :- 29.7.2021 Muk