SC seeks Centre’s stand on foreign nationals jumping bail
Supreme Court of India
New Delhi: The Supreme Court has asked the Centre to lay down a procedure to deal with cases where foreign nationals, booked for committing crimes in India, jumped bail and fled abroad.
While dealing with a Special Leave Petition filed by the state of Jharkhand against the grant of bail to a Nigerian citizen, a Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah came across a “serious allegation” that the accused has jumped the bail conditions and has left India.
The apex court decided to add the Union of India as a party to the litigation and asked the Solicitor General of India or counsel assisting him, to appear before it.
Advocate Kanu Agrawal, representing the Centre, submitted that the Union government is already working on the matter and will apprise the court as to the procedure they are to follow.
After hearing the submission, the apex court said, “This is not a lone incident which has come before this court and such cases are not uncommon. Therefore, a procedure has to be laid down, if not already there, as to how such a situation is to be dealt with and the procedures to be followed.”
It has posted the matter for further hearing on November 26.
The accused Alex David @ M.U. Henry was charged for the offences punishable under Sections 419, 420, 467, 468, 471 & 120B of the Indian Penal Code, 1860 and Section 66(D) of the Information Technology Act in connection with an FIR registered in 2019 at P.S. Cyber in Jharkhand.
In May 2022, the foreign national was granted bail by the Jharkhand High Court considering the fact that he was in custody since January 2020.
“Though it has been stated that several mobiles with SIM cards were recovered from the possession of the petitioner, which, according to the prosecution, was obtained by using forged papers and was instrumental in commission of cybercrime, but considering the fact that the petitioner is in custody since 6.1.2020, the, named above, is directed to be released on bail, on furnishing bail bond of Rs10,000 with two sureties of the like amount,” the Jharkhand HC had said.