This writ petition numbered as W.P.(Crl.) 04/2021 was filed under Article 226 and 227 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus. The petitioner, namely, Hafikul Ali was aggrieved by purported illegal detention of the accused, namely, Hafijur Rahman @ Bindas in connection with Palashbari PS Case No. 56/2021 under Section 379/411 IPC. It was projected in the said habeas corpus petition that by order dated 05.05.2021, the learned Judicial Magistrate First Class, Kamrup, Amingaon had granted bail to the accused person, 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”.
The Hon’ble Gauhati High Court while issuing notice in the matter held that, “Having granted bail, the said learned Court had no authority in law to refuse acceptance of bail bond. The question 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 Hon’ble Gauhati High Court in the interim had stayed that part of the order dated 05.05.2021 in connection with Palashbari PS Case No. 56/2021 passed by learned 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. As a result of the interim order, the learned Judicial Magistrate First Class, Kamrup, Amingaon was directed to now accept the bail bond of the petitioner.
