Libertatem Magazine

Gauhati High Court Sets Aside Production of Government Servant as a Surety for Petitioner’s Bail

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The Gauhati High Court on 16th March 2021 disposed of the instant Criminal Petition by setting aside the bail condition imposed by the Sessions Court of obtaining a Government Servant as a surety.


The instant application was filed against the order passed on 2.3.2021 in B.A. No.95 of 2021 by the Additional Sessions Judge No.3, Kamrup (M) granting bail to the petitioner by directing to furnish two sureties, one of which must be at-least Government Servant of Grade-III rank. Thus, being aggrieved by the condition of obtaining the said surety, the petitioner filed the present petition under Section 482 of the Code of Criminal Procedure.

Arguments Advanced

Learned counsel for the Petitioner contended that the accused petitioner was a daily wage worker and he was required to furnish a bail bond in the Court at Guwahati without assigning any specific reason to execute two sureties and one of which was a government servant, and that too, of a particular rank.

Normally, when bail is granted, a surety is to be furnished. Unless an unusual course is adopted, the reason is not required to be given for asking any surety. However, since an unusual course of demanding the surety of a government servant of a particular rank is directed by the learned Court below, there must be some reason for such a decision.

Court’s Observations

The Hon’ble Justice Hitesh Kumar Sarma observed that no reason was assigned in the impugned order for which a government servant of a particular rank was directed to be one of the sureties to be executed by the petitioner. The Court further relied on the SC’s decision in Moti Ram and others vs. State of M.P. [AIR 1978 SC 159] and reaffirmed that as of the Petitioner’s bail, one of the sureties required as a government servant of Grade-III rank appeared to be unjust and unfair and, therefore, the said condition was set aside.


The Hon’ble Court disposed of the instant criminal petition by setting aside the impugned order partially.

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