Petitioner challenged bail conditions requiring a government servant as surety. Court allowed substitution with personal bond plus existing monetary bond, directing authorities to provide security.
Permitted petitioner to furnish personal bond in place of local surety in form of Government servant.
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GAHC010139072020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4033/2020
1:AKASH ALI @ SHAHID KHAN
S/O LALU MIA @ MUFIZ ALI, VILL-LAHORIJAN, P.O.-LAHORIJAN, P.S.KHATKHATI, DIST-KARBI ANGLONG, ASSAM, PIN-782480
VERSUS
1:THE STATE OF NAGALAND AND 5 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND, HOME DEPARTMENT, NAGALAND SECRETARIAT, KOHIMA-797001
2:THE STATE OF ASSAM
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-6
3:THE DIRECTOR GENERAL OF POLICE PHP QR HILLS KOHIMA NAGALAND-797003
4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-6
5:THE SUPERINTENDENT OF POLICE
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WOKHA DISTRICT DIST-WOKHA NAGALAND PIN-797111
6:THE OFFICER-IN-CHARGE WOKHA POLICE STATION DIST-WOKHA NAGALAND PIN-79711
Advocate for the Petitioner : DR. B AHMED
Advocate for the Respondent : GA, NAGALAND
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
08.10.2020
Heard Dr. B. Ahmed, learned counsel for the writ petitioner. Also heard Ms. A. Iyer, learned Govt. Advocate, Nagaland, appearing for the State of Nagaland.
The petitioner is aggrieved by the order dated 01.09.2020 passed by the learned Judicial Magistrate First Class, Wokha, imposing the condition of furnishing of one local surety in the form of Government servant while granting bail to the petitioner. The petitioner’s counsel has also expressed apprehension a regards the threat perception to the life of the petitioner seeking a direction upon the State to provide security to him immediately on his release from jail on bail.
By order dated 05.10.2020, the learned Govt. Advocate, Nagaland, was directed to obtain instruction. Accordingly, Ms. Iyer, learned Govt. Advocate,
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has obtained instruction and submits that the State of Nagaland would have no objection if the petitioner is allowed to furnish personal bond in place of one local surety in the form of Govt. servant, as directed by the learned Judicial Magistrate First Class, Wokha. The learned Govt. Advocate has also submitted that the State is willing to provide reasonable security to the petitioner immediately on his release from jail on bail.
I have also heard Ms. M. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam, who submits that she does not have any submission to make in this case.
In view of the above and as agreed to by learned counsel for the parties, I dispose of this writ petition at the stage of motion hearing by providing that in place of “one local surety in the form of Government servant” the petitioner be permitted to furnish personal bond in addition to the bond of Rs.40,000/- as directed by the learned Judicial Magistrate First Class, Wokha, as condition for his release on bail.
Further, this Court also takes note of the assurance given by the learned Government Advocate, Nagaland, that proper security would be provided to the petitioner immediately on his release from jail on bail and directs the respondent authoroities to act accordingly.
With the above observation, this writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the requirement of furnishing a local surety in the form of a government servant can be relaxed in favor of a personal bond or security.
Akash Ali @ Shahid Khan
The State of Nagaland
The State of Assam
Director General of Police, Hills Kohima
Director General of Police, Assam
Superintendent of Police, Wokha
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
