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Supreme Court Raises Alarm Over Foreign Accused Jumping Bail, Seeks Union's Response

The Supreme Court has raised concerns over the increasing number of foreign nationals accused of crimes who abscond after being granted bail. Highlighting the seriousness of the issue, a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah called for a structured procedure to address such situations.


The matter arose during the hearing of a Special Leave Petition (SLP) filed by the State of Jharkhand challenging the bail granted by the High Court to a Nigerian national, Alex David @ MU Henry, in a cyber fraud case. During the proceedings, it was brought to the Court’s attention that the accused had jumped bail and was now untraceable.


Expressing concern, the bench remarked, “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.”


Advocate Kanu Agarwal, representing the Union Government, informed the Court that the Union was actively working on the issue. Following this, the bench granted two weeks for the Union to update the Court on the existing or proposed procedural framework to address such instances.


This case sheds light on the challenges faced by law enforcement and judicial systems when foreign accused jump bail and become untraceable, potentially jeopardizing the trial process. Legal experts have emphasized the need for stringent conditions for granting bail to foreign nationals and better coordination between investigative agencies and immigration authorities to prevent absconding.


The bench’s intervention underscores the judiciary's proactive stance on ensuring accountability and plugging procedural gaps in criminal cases involving foreign nationals.


The matter has been listed for further hearing after the Union’s submission on the proposed framework.


*Case Title: *The State of Jharkhand v. Alex David @ MU Henry SLP(Crl.) 8629/2022






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