Bail in cases of heinous offences requires stricter scrutiny - Mechanisms to verify genuineness of sureties

Supreme Court Intervenes in Bail Case Highlighting Fake Surety Scandal. Supreme Court Orders Comprehensive Examination of Surety Verification Mechanisms in Light of Impersonation Issues in Narcotics Cases

In a significant development, the Supreme Court of India has taken a firm stance on the issue of fake sureties in bail cases, particularly in cases involving heinous offences. The apex court, in the matter of Union of India v. Chidiebere Kingsley Nawchara, scrutinized the bail granted by the Bombay High Court to an accused involved in a narcotics-related offence. The Supreme Court highlighted the rampant issue of impersonation by sureties, which has resulted in accused individuals absconding after securing bail on fraudulent grounds.

The case revolves around the recovery of approximately 4.9 kg of heroin from the possession of the accused, who was granted bail by the Bombay High Court after having suffered long incarceration. However, subsequent investigations revealed that the surety provided was non-existent, and the accused could not be traced. This prompted the Union of India to appeal to the Supreme Court, which has now stayed the operation of the High Court's bail order.

The Supreme Court emphasized the need for stricter scrutiny of sureties in bail cases, especially those involving heinous offences. It has ordered a comprehensive examination of the mechanisms currently in place for verifying the genuineness of sureties. The court has also impleaded the Unique Identification Authority of India (UIDAI) to assist in the verification process.

In its order, the Supreme Court has directed the concerned Trial Court Judge to furnish a detailed report on the acceptance of sureties, highlighting the steps taken to comply with statutory requirements. The court has also issued a notice to the advocate who identified the surety, seeking clarification on the identity and credentials of the surety.

The Supreme Court's intervention comes amidst concerns raised by the Additional Solicitor General about multiple cases where accused individuals, particularly foreign nationals, absconded after furnishing fake sureties. The court's order aims to address this serious issue and ensure that bail processes are not misused, thereby upholding the integrity of the judicial system.

Bottom Line:

Bail in cases of heinous offences requires stricter scrutiny of sureties - Rampant issue of impersonation by sureties in some states highlighted - Need for mechanisms to verify genuineness of sureties emphasized.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Sections 491 and 492

Union of India v. Chidiebere Kingsley Nawchara, (SC) : Law Finder Doc Id # 2810401