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ALLAHABAD HIGH COURT ALLOWS RELEASE OF PRISONERS ON PERSONAL BONDS DUE TO NON AVAILABLITY OF SURETIES DURING LOCKDOWN
Recently the Allahabad high court observed that all the persons accused, whose bail plea has been granted subsequent to 15 March’ 2020, but still not released because of non-availability of sureties due to the lockdown can be released on execution of personal bonds.
This order is in reference of the order of the division bench led by the Chief Justice dated 6 April’ 2020, in which production of sureties by persons who were granted bail on or after 15 March, was temporarily waived off in view of the nation-wide lockdown.
According to the Criminal Procedural Code (CrPC), when court grants bail to accused, the person has to produce a person who stands as a surety. Surety is the person who promises the judge to supervise the accused person while he is out on bail.
Reiterating the same, Justice Abdul Moin on 19 June ordered that
“Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release.”
The court passed this order while hearing the bail plea of Ankit Gupta, accused of raping a 14-year-old girl.
The court observed that many of the accused applicants hadn’t been granted bail, even after obtaining a favourable decision, because of non-availability of sureties.
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