Can the right to bail be circumscribed merely because the accused is a foreigner?

No. Foreign nationals are entitled to protection under Article 21 of the Constitution of India, and although the State has power as the sovereign to regulate, restrict and expel foreign nationals, merely because an accused/convict is a foreigner the right to bail cannot be circumscribed. It is permissible to impose special conditions on them while keeping in view the right to privacy and personal liberty under Article 21, and the conditions of bail must be reasonable, proportionate and capable of compliance.

Narcotic Drugs and Psychotropic Substances Act, 1985 — s.37 — s.31A — Constitution of India — Art.21 — Art.142 — Bail — Foreign nationals — Sureties — Cancellation of bail — Directions — Narcotic Drugs and Psychotropic Substances Act, 1985 — s.37 — Grant of bail — Twin conditions cumulative — Held: Bail under the NDPS Act cannot rest on absence of recovery alone; the Court must record reasonable grounds for believing that he is not guilty and address the possibility of his again committing such a crime — both conditions, not either of them. (¶14) Narcotic Drugs and Psychotropic Substances Act, 1985 — Cancellation of bail — Accused jumping bail on fake sureties — Held further: Where the accused jumped the bail and the sureties furnished on his behalf are found to be fake, the appeal is no longer a petition against a grant of bail but a proceeding for cancellation of bail. (¶17) Constitution of India — Art.21 — Bail to foreign nationals — Special conditions permissible — Held further: Foreign nationals are entitled to protection under Article 21, and merely because an accused is a foreigner the right to bail cannot be circumscribed. Special conditions are permissible, but must be reasonable, proportionate and capable of compliance. (¶13) Constitution of India — Art.142 — Stop-gap directions — Verification of sureties for foreign nationals — Held further: In view of lack of uniformity across jurisdictions, Article 142 may be exercised to put in place stop-gap arrangements governing sureties for foreign national accused, leaving it open for the legislative wing of the Government to step in. Appeal disposed of. (¶27, 29)

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