JOSHUA AND ORS. Vs. STATE OF KERALA
SUPREME COURT OF INDIA
Joshua And Ors.
STATE OF KERALA
Click here to view full judgement.
(1.) Leave granted.
(2.) We have heard the matter finally.
(3.) The appellants herein are Nigerian Nationals who were arrested in criminal proceedings arising out of FIR No.1830 dated 20.08.2014 lodged
under Section 420 IPC with the Police Station Adoor, District
Pattanamthitta, Kerala. These proceedings are still pending. Since the
charge sheet was not filed within the prescribed period, the appellants
became entitled to statutory bail which was granted by the High Court
vide order dated 27.11.2014. The condition for bail was that the
appellants shall execute bond of RS. 1,00,000/- each with two solvent
sureties each for the like sum each to the satisfaction of the First
Class Magistrate, Adoor. Since the appellants are the citizens of
Nigeria, they have not been able to arrange the aforesaid sureties and
because of this reason they are still suffering incarceration though bail
was granted to them more than 1 1/2 years ago. Faced with this situation, 2
the appellants moved the High Court again with a request to modify and
relax the bail conditions. The offer made was that the Court may accept
cash security of RS. 25,000/- and personal bond of RS. 1,00,000/- in
place of bond of RS. 1,00,000/- with two solvent sureties. The appellants
had also pursued the matter with the Government of Nigeria for the
compliance of the conditions and in response, the High Commission of
Nigeria had stated that it would be ready to cooperate with the High
Court of Kerala in dispensation of justice and assured that the High
Commission will not issue any travel document to the six Nigerians during
the trial. Letter dated 17.03.2015 was addressed by the High Commission
of Nigeria to this effect to the Kerala High Court. However, the High
Court has dismissed the application for relaxing the bail conditions vide
the impugned judgment dated 26.03.2015 on the ground that there is no
extradition treaty between India and Nigeria and mere undertaking given
by the Nigerian Embassy is of no avail. It is this order which is under
challenge in the present proceedings.;
Copyright © Regent Computronics Pvt.Ltd.