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2022 (1) TMI 1259 - PUNJAB AND HARYANA HIGH COURTFurnishing fixed deposits in place of cash for grant of Bail - whether it can be an option in every case that accused instead of furnishing surety, either handover a fixed deposit in favour of the Court or electronically transfer the bond money in the account of the Court; where such facility is available? - HELD THAT:- Grant of bail, which includes suspension of sentence, is a promise by the accused to the Court to attend the trial and comply with the conditions stipulated in the order. The accused accepts such a contract by furnishing bail bonds, and so do their sureties, undertaking to produce the accused before the concerned Court if they default to appear. Section 74 of the Indian Contract Act, 1972, provides compensation for breach of contract where a penalty is stipulated. It is beyond cavil that the sole purpose of a bond is to ensure the accused's presence to attend the trial and surrender to undergo the sentence of imprisonment. The Courts insist upon sureties to prevent impersonation. Furthermore, it is easier for a local surety to identify and trace the accused. The most prominent factor for the prevalence of local surety was the pressure from within the community of the accused, which would make them appear before the Courts. However, with the advent of identification through AADHAR, starting from 2010, the problems of concealment of identities or impersonation have been resolved - if the legislative intention was only to use cash deposit, then using the word "money" was sufficient, and there was no requirement to use the word "Government promissory notes". Thus, the words "Government promissory notes" denote something other than money because money is currency notes, and even its most expansive definition would again include currency notes. Therefore, in no case, the term money would exclude currency notes. So, what was the need for the legislature to use the term "Government promissory notes specifically". A promissory note is a financial instrument wherein the drawer promises a definite sum of money to its drawee or the bearer, either on-demand or at a specified future date. It is something other than money, i.e., currency notes. Thus, the legislature never expressly stopped fixed deposits from being taken as a promise of appearance before the concerned Court. The pragmatic approach is that while granting bail with sureties, the "Court" and the "Arresting Officer" should give a choice to the accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, or creating a lien over his bank account. The accused should also have a further option to switch between the modes. The option lies with the accused to choose between the sureties and deposits and not with the Court or the arresting officer. The furnishing of the personal bonds shall be deemed acceptance of the all stipulations, terms, and conditions of this bail order. Application allowed.
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