HAFIKUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. F. Khan, learned counsel for the petitioner. The Court Master has informed that although a video link had been sent to the learned Govt. Advocate, but none had joined. Therefore, at the request of the Court, Mr. D. Nath, learned Addl. Senior Govt., advocate had appeared through video conference.

(2.) This writ petition filed under Section (sic Articles) 226 and 227 of the Constitution of India is for seeking issuance of a writ in the nature of habeas corpus. The petitioner, namely, Hafikul Ali is 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 is projected in this 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".

(3.) Having heard both sides, on examining the materials on record, the Court is inclined to take note of the fact that by order dated 05.05.2021, the learned Judicial Magistrate First Class, Kamrup, Amingaon had granted bail to the accused named above in connection with the aforementioned case. 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.