David Morrison v. State of Uttarakhand
In the High Court of Uttarakhand
Crl. Misc. App. 902/2020
Before Justice Alok Kumar Verma
Decided on January 13, 2021

Relevancy of the Case: Providing cash deposit instead of surety in a case of cheating and misappropriation for seeking bail

Statutes and Provisions Involved

• The Indian Penal Code, 1860 (Section 120B, 420)
• The Information Technology Act, 2000 (Section 66)
• The Foreigners Act, 1946 (Section 14)

Relevant Facts of the Case

• The applicant-accused filed a bail application under Section 439 of the Code of Criminal Procedure, 1973. This application was allowed. For availing of the bail, the applicant had to execute a surety bond.
• The applicant has filed this present appeal to release him on bail after depositing the case, in lieu of executing the surety bond.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that the applicant is a foreigner. He is unable to arrange sureties. Hence, he has filed this application for allowing himself to provide a cash deposit, in lieu of executing a surety bond.

Opinion of the Bench

• The bench permitted the applicant to deposit a reasonable amount. The concerned court must ensure that the amount deposited is per its satisfaction.

Final Decision

• The court allowed the petition.