Punjab and Haryana High Court Mandating Local Surety Is Assault On Fundamental Right

The Punjab and Haryana High Court ruled that mandating a local surety for bail of persons residing outside the state violates fundamental rights, particularly the right to equality and liberty. The court observed that this condition creates unfair discrimination against non-residents and amounts to a hurdle in the exercise of constitutional rights. The judgment struck down the requirement as an outdated procedural practice that impedes justice and liberty by forcing accused persons to secure local sureties where genuine personal sureties may be unavailable due to geographic distance. The court emphasized the absence of criminal intent in factual scenarios, quashing FIRs founded solely on surety-related technicalities, and cautioned against harassment through repetitive or frivolous prosecutions. This ruling stresses the primacy of substantive rights over mechanical procedures and protects individuals from regional discrimination in bail matters.