Punjab and Haryana HC Slams ‘Local Surety’ Rule: Calls it Assault on Fundamental Rights
Case Name: Sumit Sharma and another vs. State of Haryana
Date of Order: 17 September 2025
Citation: CRM-M-6979-2024
Bench: Mr. Justice Sumeet Goel.
Held: The Punjab & Haryana High Court held that mandating a “local surety” as a condition for bail is unconstitutional and amounts to an assault on the fundamental rights of an individual. Such a requirement discriminates against citizens solely on the basis of residence and constitutes a de facto denial of the right to bail. The Court observed that the continued insistence on local sureties is a judicial anachronism, contrary to constitutional principles, and leads to precarious and unethical practices that undermine the very purpose of surety. Courts must adopt a pragmatic approach resonating with societal realities rather than adhere to archaic procedures.
Summary: The petitioners, permanent residents of Kolkata, were arraigned in cheque bounce cases under Section 138 of the Negotiable Instruments Act pending before the JMFC, Gurugram. Being outsiders, they could not arrange local sureties and relied on persons introduced by their counsel. These sureties were later found to have submitted forged documents, whereupon an FIR was lodged against the petitioners under Sections 120-B, 419, 420, 467, 468, and 471 IPC. The trial court, however, allowed the petitioners to furnish fresh personal bonds.
The High Court noted that the petitioners neither prepared nor benefitted from the forged documents, and no mens rea or dishonest intent could be attributed to them. The offences alleged require culpable mental state, which was conspicuously absent. Similarly, there was no evidence of conspiracy under Section 120-B IPC, as the petitioners’ only link with the sureties was through their counsel. The Court emphasized that demanding local sureties undermines equality before law and leads to illogical, impractical, and unfair hurdles.
Decision: The Court quashed FIR No. 2636 dated 14.12.2023 registered at Police Station Shivaji Nagar, Gurugram, and all consequential proceedings against the petitioners. Proceedings against co-accused (the fake sureties) were left to continue in accordance with law.