Bail Granted May Be Cancelled, But There Is No Prescribing Time Limit For Furnishing Of Surety Said By PHHC. Granted Bail Does Not Come To An End Due To Delay In Surety.
INTRODUCTION:- The High Court Reversed The Order Passed By Mohali Court, That Mere Delay In Furnishing Personal Bail Bond/Surety Cannot Go Against The Petitioner And The Order Granting Bail U/S-167(2) Of Crpc 1973 Does Not Cease To Exist Or Comes To An End Or Stand Eclipsed.
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Facts Of The Case:- Surinderpal Singh Plead To Phhc, Being Probed By Punjab Vigilance Bureau In Different Graft Cases In 3 F.I.R, All Registered In 2017. He Secured Bail In One F.I.R, But Remained In Custody Due To Two F.I.Rs Pending Against Him. When He Secured Bail In Those Two F.I.Rs As well, His Surety Bonds Were Not Accepted By The Court In First F.I.R On Account Of Delay, Earlier This Year. The Person Who Had Stood Surety In 2017 Had Withdrawn, But Court Did Not Accept Fresh Surety From Him.
He Contended In H.C, Bail Granted By Lower Court Who Refused To Accept Fresh Surety Has Never Be Cancelled.
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Finding of the case :- PHHC has held that the bail granted to a person does not come to an end on account of delay in submitting surety.
The court said, observing the view of trial court is against the mandate of proviso to section-167(2) of the crpc as exponded by SC in various judgments. Bench said that the manner in which trial court has ignored the judgment of apex court is not appreciable.
Conclusion :- A judgment passed by the hon’ble SC is binding on all courts in the country under article- 141 of the constitution. No doubt, the ratio decidendi (the rationale for the decision) laid down in the judgment is binding and not obitur dicta (not remarks made by judge that do not affect the outcome of the case).
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This is Ramandeep Kaur.
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