Bail without local security

Moti Ram & Ors vs State Of MP

Supreme Court

24/08/1978

1978 AIR 1594; 1979 SCR (1) 335

About/from the judgment:

BAIL WITHOUT LOCAL SECURITY!

 

The magistrate has demanded sureties from his own district. (We assume the allegation in the petition). What is a Malayalee, Kannadiga, Tamilian or Andhra to do if arrested for alleged misappropriation or them or criminal trespass in Bastar , Port Blair ,Port Blair . Pahalgaam of Chandni Chowk? He cannot have sureties owning properties in these distant places. He may not know any one there and might have come in a batch or to seek a job or in a morcha . Judicial disruption of Indian unity is surest achieved buy such provincial allergies. What law prescribes sureties from outside or non- regional linguistic, some times legalistic. applications? What law prescribes the geographical discrimination implicit in asking for sureties from the court district? This tendency takes many forms, sometimes, geographic , sometimes linguistic, some times legalistic. Art 14 protects all Indians qua Indians, within the territory of India.

 

We mandate the magistrate to release the petitioner on his own bond in a sum of Rs. 1000/-.

Read the Judgment

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