The Gauhati High Court has observed that after an accused has been granted bail by a Court, “the said Court had no authority in law to refuse the acceptance of bail bond”.
“Having granted bail, the said Court had no authority in law to refuse acceptance of bail bond,” observed the Gauhati High Court, 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.
A Single Bench of Justice Kalyan Rai passed this order on Tuesday, while hearing a petition filed by one Hafikur Ali.
A writ petition was before the High Court by Ali, seeking issuance of a writ in the nature of habeas corpus as he was aggrieved by his purported illegal detention, in connection with an offence under Sections 379 (theft) and 411 (dishonestly receiving stolen property) IPC.
It is projected in this Habeas Corpus Petition that by the order dated May 5, 2021, the Judicial Magistrate First Class, Kamrup, Amingaon had granted bail to the accused, 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”.
“Having granted bail, the said Court had no authority in law to refuse acceptance of bail bond. The question of 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 Bench said.
“In the interim, the Court is inclined to stay that part of the order dated May 5, 2021 in connection with the Palashbari Police Station Case, passed by Judicial Magistrate First Class, Kamrup, Amingaon, whereby it was directed that the bail bond shall be taken only after completion of the quarantine period of the accused in jail hazut,” it added.
“As a result of this interim order, the Judicial Magistrate First Class, Kamrup, Amingaon is directed to now accept the bail bond of the petitioner”, the Court ordered.
The Court issued notice in the matter and posted the next date of hearing on June 9, 2021.