Gauhati High Court Stays Lower Court's Direction Which Retrained Bail Bond's Acceptance Until Accused Completes Quarantine In Jail

The Bench of Justice Kalyan Rai Surana opined,

"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."

The matter before the Court

A writ petition was before the Gauhati High Court by one Hafikur Ali seeking issuance of a writ in the nature of habeas corpus as he was aggrieved by his purported illegal detention of in connection with an offence 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".

Court's order

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 was issued. In the interim, 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.

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