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Person unable to find a surety can take benefit of Sec. 445 CrPC- Uttarakhand HC
The Uttarakhand High Court permitted a foreigner to deposit cash to execute the surety bond for bail and also held that Section 445 of the CrPC is meant to benefit the person if he/she is not able to find a surety for bail. The bench consisting of Justice Alok Kumar Verma while delivering the order also observed that the accused who is a foreigner and is not able to furnish sureties does not debar him from getting bail.
It should be noted that according to section 441 of the CrPC, before an accused is released on bail or on his own bond, a bond with a certain sum of money that is deemed sufficient by the court or the police officer should be executed by the accused. But when the person is unable to furnish surety for the bond, then he/she can deposit a sum of money under Section 445 of the Code.
In this case David Morrison v. State of Uttarakhand [Criminal Misc. Application No. 902 Of 2020], his application for bail was rejected after depositing a sum of money for executing a surety bond. However, he was unable to arrange for sureties since his passport was deposited before the Magistrate since he is a foreigner. Thus, he offered to deposit cash in lieu of executing the surety bond. However, his prayer was rejected by the ACJM, Kashipur in the impugned order.
The Uttarakhand High Court, after considering the facts and circumstances of the case, set aside the impugned order passed by the ACJM, Kashipur, and held that even foreigners can benefit from section 445 of the code because he was unable to find a surety.
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