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The SC division bench in its recent judgment while deciding a bail plea of one Wasim khan observed that “An accused cannot be indefinitely kept in jail for his inability to produce registered surety for reasons beyond his control.” The above observation of the court came against the order of Chief Metropolitan Magistrate of Calcutta in which the bench passed directions to modify the order of CMM who granted bail to the petitioner on condition to produce registered surety.
The petitioner Wasim khan in the current matter submitted before the court that his mother is critically ill for which he required bail so as to go home. The required bail was granted to him by the CMM order but on the condition to submit a registered security which he is not in a position to produce. The petitioner directly approached the SC against the CMM order due to advocate strike in West Bengal.
The SC bench after listening to the counsel of petitioner observed that “the petitioner cannot be indefinitely kept in jail for inability to fulfill the condition of producing a registered surety and that too when he is unable to produce a registered surety for reasons entirely beyond his control.” Following the above observation the court directed the CMM to consider modifying the terms of bail as deemed necessary to include Cash security or Reliable Non-Registered security. The bench also said that the accused shall be produced before the CMM but if not possible due to strike can be produced before the HC for considering modification in Bail.
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