Gauhati High Court stays direction restraining acceptance of bail bond until completion of quarantine in jail

The Gauhati High Court on Tuesday stayed a direction issued by a lower court restraining the acceptance of an accused man's bail bond until the said accused completed his COVID-19 quarantine in jail (Hafikur Ali v. State of Assam). .While staying this direction, Justice Kalyan Rai Surana of the High Court opined that the court concerned had no authority to reject bail bonds once bail has been granted..The High Court added that determining the period of quarantine is an administrative function, and not a judicial one.."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 order stated.Accordingly, the High Court stayed the directions which had ordered the rejection of the bond until the expiry of quarantine and directed the magistrate to accept the bail bond of the accused.."As a result of this interim order, the learned Judicial Magistrate First Class, Kamrup, Amingaon is directed to now accept the bail bond of the petitioner", the High Court ordered..The habeas corpus petition was moved by Hafikul Ali challenging the illegal detention of the accused, namely, Hafijur Rahman, who had been charged under Section 379 (theft) read with Section 411 (dishonestly receiving stolen property) of the Indian Penal Code. .In May, the Judicial Magistrate First Class, Kamrup, Amingaon had granted bail to the Rahman, but the following condition was imposed preventing his immediate release from jail, i.e. “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 High Court has now stayed this direction and issued notice in the matter. The matter will be heard next on June 9..[Read order]