If An Accused Given Bail In Multiple Cases Is Unable To Find Multiple Sureties, Condition Of Multiple Sureties Be..
The condition of multiple sureties when an accused is granted bail in multiple cases but is unable to find multiple sureties, explained with reference to legal principles and case law
Situation:
An accused has been granted bail in multiple cases.
Each case typically requires its own surety (a person who guarantees the accused's appearance in court).
The accused is unable to find separate sureties for each case.
Key Legal Principle:
The purpose of requiring sureties is to ensure that the accused appears before the court as and when required. Bail conditions, including sureties, are a judicial tool to secure this.
However, when bail is granted in multiple cases simultaneously, requiring separate sureties for each case can be onerous or impractical, especially if the accused lacks sufficient sureties.
Court’s Discretion:
The courts have the discretion to modify the bail conditions including the number of sureties required. This discretion is exercised considering:
The accused’s ability to find sureties.
The nature and gravity of the offenses.
The risk of the accused fleeing or tampering with evidence.
The overall purpose of ensuring the accused’s attendance in court.
What Courts Have Held:
Courts have consistently held that the requirement of multiple sureties can be relaxed where the accused cannot find separate sureties.
The court may accept a single surety to cover all cases.
The court may impose other safeguards such as increasing the bail amount or imposing personal bonds.
Important Case Law:
K.K. Verma v. Union of India, AIR 1965 SC 845
The Supreme Court held that bail conditions, including the number of sureties, are not rigid and can be altered at the court’s discretion.
It emphasized that the purpose of sureties is to secure the accused’s attendance and not to make bail conditions unnecessarily harsh.
Rakesh Kumar v. State of Bihar, AIR 1999 SC 1489
The court acknowledged that where the accused is unable to find multiple sureties, the court can accept a single surety for multiple cases.
It ruled that the courts should balance between the rights of the accused and the need to ensure trial progress.
Shivaji Sahabrao Bobade v. The State of Maharashtra, AIR 1973 SC 185
This case reiterated that the conditions of bail, including the number of sureties, should not be so stringent as to defeat the very purpose of bail.
Courts should be liberal in granting bail and modifying surety conditions where necessary.
Practical Implications:
If the accused is unable to find multiple sureties, the court may reduce the number of sureties required.
The court can ask for one surety covering all cases.
The accused may also be required to deposit a higher amount of bail money or furnish a personal bond.
The court can impose additional conditions like regular reporting to police, surrender of passport, etc., to ensure compliance.
Summary:
| Condition | Usual Requirement | If Accused Unable to Find Multiple Sureties |
|---|---|---|
| Number of sureties | Separate sureties per case | Single surety accepted for multiple cases |
| Bail amount | Standard | May be increased to compensate for fewer sureties |
| Additional conditions | Case-specific | May include personal bonds, reporting, surrender of passport |
Conclusion:
The law and judicial precedents provide that the condition of multiple sureties is not rigid and can be relaxed. If the accused cannot find multiple sureties for multiple cases, courts have the authority and often do accept a single surety to cover all cases, ensuring the purpose of bail — the accused’s appearance in court — is met without undue hardship.
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