The Supreme Court on Monday issued a notice to the Centre seeking its response on a petition challenging constitutionality of Section 437A of the Code of Criminal Procedure (CrPC) that requires even an acquitted person to furnish surities and bail bonds to secure release from the jail.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra heard the petition on CrPC Section 437A that deals with allowing the accused to be released on bail during their appeal by furnishing bail bonds with sureties.
The plea submitted before the top court that the section poses a hurdle to the administration of criminal justice and violates the fundamental right to liberty under Article 21.
The petitioner has argued that the provisions under the section lacks a ‘sense of proportionality’ because there may be accused persons who lack financial resources and cannot find sureties. And insisting on bail with sureties would only lead to their continued incarceration.
Citing a previous order by the Allahabad High Court, the petitioner said that in situations where a bond is not executed but the person is acquitted, a personal bond should be enough.
The section deals with when acquitted person is asked to furnish bond with surety after acquittal and even before pronouncement of judgement, the accused is asked to furnish bond with surety. As per this section, before conclusion of trial and before disposal of appeal, a court shall require accused to execute bail bonds with sureties to appear before higher court.
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