Accused cannot indefinitely be kept in jail if registered surety is not produced- Supreme Court

The Supreme Court has ordered CMM, Kolkata to modify their orders in granting bail without registered surety. Bail was granted to one Wasim on the production of registered surety. Wasim claimed that he was a resident of Nagpur and thus cannot produce registered surety and his mother is critically ill and he needs to be home.

The Supreme Court observed that:

“The short question is whether the petitioner can indefinitely be kept in jail for inability to fulfill the condition of producing a registered surety and that too when he is unable to produce a registered surety for reasons entirely beyond his control. The answer to the aforesaid question necessarily has to be in the negative. We, therefore, deem it appropriate to direct the learned Chief Metropolitan Magistrate concerned to consider modifying the orders dated 10.05.2019 and 08.05.2019 on such appropriate terms as may be deemed necessary, including cash security and / or reliable surety though not registered, without insisting on registered surety.”


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