Supreme Court urges Union to lay down procedure to tackle incidents of foreigners jumping bail

The Supreme Court on Tuesday expressed grave concern over the alarming trend of accused persons from foreign countries jumping bail and becoming untraceable [State of Jharkhand v. Alex David v. MU Henry and Another].

A division bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah urged the Central government to establish a standardized procedure to tackle such incidents.

The Court passed the direction after one Alex David, a foreign national, had jumped bail.

"In this case the respondent no.1-Dr.Alex David @ M.U.Henry, who is a foreign citizen, has evidently jumped bail and now cannot be traced. Learned counsel Mr. Kanu Agrawal, representing the Union of India, has apprised this Court that the Union of India is already working upon the matter and will apprise this Court as to the procedure they are to follow. 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," the Court stated in its order.

The Court hearing an appeal by State of Jharkhand challenging bail granted to a Nigerian national in a cyber fraud case.

The case arose in 2019 when the complainant was engaged in the business of herbal oil. He was engaged with one Sunita Ghosh for supply of herbal oil.

Initially, he had transferred ₹3.44 lakh to account of one Sunita Ghosh to get two litres of oil as sample. Thereafter, he deposited ₹30 lakh for 150 litres of oil.

On being asked to deposit another ₹50 lakh, the complainant grew suspicious and lodged a First Information Report (FIR) against Ghosh.

Ghosh was booked in the case along with David who was an employee under Ghosh.

The Jharkhand High Court granted bail to David after noting the long duration of incarceration.

Aggrieved, the State approached the top court challenging the same.

The State informed the Supreme Court that the accused-appellant had jumped bail and could not be traced.

As the Court expressed concerns over recurring instances of foreign nationals jumping bail, advocate Kanu Agrawal, appearing for the Central government, apprised the Court that it is already working upon the matter.

Taking note of this, the Court asked Union to inform the Court about the procedure to be followed in such cases within two weeks.

The matter will be heard next on November 26.

Advocates Pragya Baghel, Jayant Mohan and Adya Shree Dutta appeared for State.

[Read Order]