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The right to be released on bail under Section 167 (2)(a) is an indefeasible right: Gauhati High Court

It is the legality and validity of the orders, which is the subject matter of challenge in the present proceeding. Such an opinion was held by The Hon’ble High Court of Gauhati before The Hon’ble Mr. Justice Sanjay Kumar Medhi in the matter of Hanufa Nasrin Vs. The State Of Assam And Anr [Case No. : Crl.Pet./668/2021]. 

The facts of the case were associated with an application filed under Section 482 of the Cr.P.C. and challenged a series of orders from various dates passed by the learned Court of Sessions Judge, Barpeta. In one of that impugned orders, the petitioner was framed with charges and was again remanded to judicial custody. The petitioner’s bail plea was rejected too. Similarly, the various pleas for bail were rejected. The petitioner was arrested in connection to the case under Section 302 of the IPC. A default bail was granted to him but he was not in a position to arrange the surety and other formalities.

The petitioner sought bail after getting arrested. On 28.05.2021 the said bail was considered and it was found that the final form was yet to be submitted and also the mandatory period was over, the petitioner was allowed to go on bail of Rs.10,000/-. However, the said prayer was rejected by the learned CJM, Barpeta. It was stated that the main cause of the present proceeding was to find the legality and validity of the orders. A case reference of AIR Online 2020 SC 607: S. Kasi Vs. State was submitted wherein the Hon’ble Supreme Court stated that denial of bail by submitting that due to restrictions imposed during the lockdown, charge sheet could not be submitted within the prescribed period was clearly erroneous and not in accordance with the law.

The Hon’ble Court examining all the submissions held that “ In view of the above, the present application is allowed and the impugned orders dated 30.09.2021, 26.10.2021 and 11.11.2021 are set aside. Since, it is seen that the petitioner had fulfilled the conditions imposed by the learned CJM, Barpeta while granting default bail vide the order dated 28.05.2021, the petitioner be released forthwith by the learned Court by reconfirming the fulfillment of the conditions. It is needless to state that the petitioner shall continue to render full cooperation in the trial and / or not indulge any activities detrimental to the same.”

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Judgment reviewed by Bipasha Kundu

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