Bail on personal bond where lockdown prevented surety production, with later compliance required to avoid cancellation.
Where a bail order could not be implemented because lockdown restrictions prevented the accused from arranging sureties, the Court recognised that release should not remain blocked solely for that reason. It directed interim release on a personal bond to the satisfaction of the jail authorities, while requiring the accused to furnish the prescribed sureties within the time fixed by the Court once normal functioning resumed. Failure to comply with that later condition would result in cancellation of bail.
Issues: Whether the applicant, who had already been granted bail but could not furnish sureties because of lockdown-related impediments, was entitled to interim release on a personal bond with a later obligation to furnish sureties.
Analysis: The application invoked the Court's inherent jurisdiction after the applicant remained in custody despite a bail order, since sureties could not be arranged during the lockdown. The Court relied on the prevailing approach that where release is frustrated by non-availability of sureties because of pandemic-related restrictions, the accused may be released on executing a personal bond to the satisfaction of the jail authorities, with an undertaking to furnish the required sureties once normal court functioning resumes.
Conclusion: The applicant was entitled to be released on bail on a personal bond, with the obligation to furnish the required sureties within the time directed by the Court, failing which the bail would stand cancelled.
Final Conclusion: The application was allowed in substance by directing immediate release on bail despite temporary inability to furnish sureties, while preserving the requirement to complete the surety condition later.
Ratio Decidendi: When a bail order cannot be given effect to because sureties cannot be produced due to lockdown-related restrictions, release on a personal bond may be directed, subject to subsequent furnishing of sureties within the time fixed by the Court.
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