'Harsh & Unjust' : Gauhati High Court Sets Aside Bail Condition To Produce Govt Servant As Surety

The Gauhati High Court has set aside a bail condition imposed by a Sessions Court that surety should be obtained from a government servant.

The Additional Sessions Judge, Kamrup, while allowing a bail application, had ordered that the petitioner should furnish two local sureties of Rs.40,000/- each and out of the two local sureties, one must be a government servant in the rank of Grade-III.

Challenging the condition to obtain surety from government servant, the petitioner filed by a petition under Section 482 of the Code of Criminal Procedure in the High Court.

Allowing the plea, a single bench of Justice Hitesh Kumar Sarma observed :

"...this Court is of the view that surety of a government servant, as sought for, is too harsh for the petitioner that it would amount to refusal of bail as he wouldn't be out on bail if required to produce a Government Servant as surety".

On examination of the order, the High Court observed that it was not clear under what circumstance a government servant of a particular rank was directed to be one of the sureties

The bench relied on the Supreme Court precedent in Moti Ram and others Vs. State of M.P . reported in AIR 1978 SC 1594, in which the top court came down on a Magistrate for imposing a bail condition that the accused should obtain surety from a person owning properties in his own district.

In the light of the Supreme Court precedent, and the facts of the case as per which the petitioner was a daily wage earner, the High Court observed :

"...this Court considers the condition that one of the sureties to be a government servant of Grade-III rank appears to be unjust and unfair and, therefore, the condition of one of the surety to be a government servant is set aside"

Also Read :  Bail Cannot Be Made Conditional Upon Heavy Deposits Beyond The Financial Capacity Of Applicant : SC [Read Order]

Imposing High Cash Security As Bail Condition Amounts To Virtual Denial Of Bail : Karnataka HC [Read Order]

Click here to read/download the Guahati High Court order