Delhi HC modified bail conditions allowing Rs. 50,000 surety bond instead of higher sum and waived requirement for Embassy certificate deemed unfeasible by Supreme Court.
Bail released subject to Rs. 1 lac personal bond + Rs. 50,000 surety; condition for Embassy certificate waived.
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CISSE MAMADOU @ SISSE MAMADOU ..... Petitioner
Through: Mr. Ankur Jain, Mr. Aniruddha Singh Rajavat and Mr. Rohan Kumar, Advs.
versus
NARCOTICS CONTROL BUREAU ..... Respondent
Through: Mr. Subhash Bansal, Sr. SC with Mr. Shaswat Bansal, Adv.
CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 28.02.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:16:00
amount be reduced to Rs. 50,000/-.
“8. accused will file certificate of assurance from embassy/High Commission of Cote D’Ivoire that accused will not leave country and shall appear before the Court on each and every date of hearing.”
“Another issue regarding furnishing assurance from the Embassy will have to be gone into. Prima facie, we are of the view that such onerous condition cannot be put as no Embassy will be in a position to give such assurance.
Therefore, we direct that the petitioner shall be released on interim bail on the terms and conditions incorporated in the impugned order except for the condition regarding dropping a PIN on the google map and obtaining assurance from the High Commission of Nigeria.
We also clarify that the petitioner shall be released on interim bail by furnishing surety in the sum of Rs.50,000/- (Rupees fifty thousand) (and not Rs.2,00,000/- [Rupees two lakhs] as directed by the High Court.)”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:16:00
VIKAS MAHAJAN, J
FEBRUARY 28, 2024 N.S. ASWAL
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:16:00
2 issues framed by the court
Whether bail bond sum can be modified from Rs. 1 Lakh to Rs. 50,000 when surety for 2nd Lakh is unarrangeable.
Whether condition requiring certificate of assurance from Embassy of Cote D’Ivoire should be waived as prima facie unfeasible.
Colour shows how this judgement treated each authority
Frank Vitus Vs. Narcotics Control Bureau & Ors.Relied on¶19
Frank Vitus Vs. Narcotics Control Bureau & Ors. [DoD 23.02.2024, SLP (CRL) 6339-6340/2023]
1 provisions across 1 enactments
Cisse Mamadou @ Sisse Mamadou
Narcotics Control Bureau
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
