Gauhati High Court on May 11 (Tuesday) during a hearing stated – “Having granted bail, the said learned Court had no authority in law to refuse acceptance of bail bond.”
This decision was observed by Gauhati High Court on May 11 while staying a Lower Court’s direction that an accused person’s bail bond shall be taken only after he completes his quarantine period in jail.
The Bench of Justice Kalyan Rai Surana remarked:
“The question whether the accused is to remain in quarantine is a decision which has to be taken by the District Administration and that issue is not required to be dealt with by the Court granting bail as there is no provision in the Criminal Procedure Code to refuse acceptance of bail bond on the said ground.”
A writ petition was put before the Gauhati High Court by Hafikur Ali seeking issuance of a writ in the nature of habeas corpus. The person was aggrieved by his purported illegal detention in connection with an offense under Section 379/411 IPC.
It was projected in this habeas corpus petition that by order dated May 5, 2021, the Judicial Magistrate First Class, Kamrup, Amingaon had granted bail to the accused person.
However, by providing the following rider – “It is also to be noted that the bail bond shall be taken only after the completion of quarantine period of the accused, in jail hazut”.
A part of the Court’s order stated:
“Having heard both sides, on examining the materials on record, the High Court was inclined to take note of the fact that by order dated May 05, 2021, the Judicial Magistrate had granted bail to the accused and thus, having granted bail, the said learned Court had no authority in law to refuse acceptance of bail bond.”
Accordingly, a notice returnable on June 9, 2021, will be issued. In the intervening time, the Court stayed that part of the order whereby it was directed that the bail bond shall be taken only after completion of the quarantine period of the accused in jail hazut.
Consequently, the Judicial Magistrate was directed to accept the bail bond of the petitioner, and the matter was listed on June 9, 2021.