# In partial modification of the Court's Circular letter No. 73VII b-47, dated May 21

- **Citation:** C.L.No. 24/VII
- **Court:** Allahabad High Court
- **Decided:** 1976-02-25
- **Case number:** C.L.No. 24/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-partial-modification-of-the-court-s-circular-letter-no-73vii-b-47-dated-may-163348
- **Pages:** 2

## Text

234
 (ix)
Bail applications and verification of surety bonds in connection with bail
applications
C.L.No. 24/VII b-47, dated February 25, 1976
In partial modification of the Court's Circular letter No. 73VII b-47, dated May 21,
1971 and Circular Letter No. 3VII b-47, dated January 17,1972, on the above subject, I
am directed to say that henceforth all miscellaneous applications, both civil and criminal,
shall ordinarily be taken up by the courts and. disposed of between 10.30 and 11.30 a.m.
and copies of the orders passed be delivered to the parties concerned latest within 24
hours.
So far as bail applications in pending cases, whether pending in courts or under
investigation, are concerned they too shall be taken up by the Sessions Judges ordinarily
between 10.30 and 11.30 a.m., the copies of the bail orders must invariably be dispatched
to the courts of the Magistrates latest by 2 p.m. and no bail application should ordinarily
be entertained by them beyond 11.30 a.m. In the matter of exercise of appellate
jurisdiction, however and in cases of bailable offences, bail applications may be
entertained even after the lunch break or at any time convenient to the Court and care be
taken that copies delivered with the greatest possible dispatch. The Chief Judicial
Magistrates and Magistrates shall continue to abide by the orders of the Court contained
in Circular Letter No. 78/VIIb-47, dated May 21,1971.
In regard to verification of surety bonds the following directions may be
followed:-
(i)
The surety may be required to file an affidavit showing details of his
property, moveable and immoveable, and its value indicating clearly
whether he has stood surety in any other case or for any other accused in
the same case and if so, in what amount. If the Court finds that the surety
is reliable the bond furnished by him may be accepted.
(ii)
When a lawyer appearing for the accused in the case verifies the status of
the surety in any amount further verification may not be insisted upon.
(iii)
The practice of sending surety bonds to the Tahsil for verification may be
discontinued forthwith.
I am further to say that as already directed in Court's Circular Letter No.3/VIIb47, dated January 17, 1972 if the affidavit sworn by a surety is ultimately found to be
false he should be severely dealt with according to law.
These directions may kindly be brought to the notice of all concerned for further
guidance and strict compliance.
(ix-a) Guidelines for verification of address and status of sureties.
C.L. No. 3/Admin. (G)/Dated: Allahabad: 16.2.2009
Upon consideration of the direction of Hon'ble Court in Criminal Misc. Case No.
4356/08 Shiv Shyam Pandey versus State of U.P. and others and in the wake of receipt of
representation of the Bar complaining against considerable delay taking place in respect
of verification of the address and status of the sureties filed before the Subordinate
Courts, the Hon'ble Court has been pleased to direct that in supersession of earlier
235
Circular Letter No. 44/98 dated 20.8.1998 and Circular Letter No. 58/98 dated 5.11.1998,
the following guidelines shall be followed by the Judicial Officers of Subordinate
Courts:-
1.
In serious cases such as murder, dacoity rape and cases falling under NDPS
Act, two sureties should normally be directed to be filed and the amount of
the surety bonds should be fixed commensurate with the gravity of the
offence.
2.
The address and status verification of the sureties shall be obtained within
reasonable time, say seven days in case of local sureties, 15 days in case of
sureties being of other district and one month in case of sureties being of
other State, positively from the concerned Police and revenue authorities
and in case of non receipt of the report within given time, the concerned
Court may call for explanation for the delay from the concerned authorities
and take suitable action against them and at the same time may consider
granting provisional release of the accused person in appropriate cases
subject to the condition that in case of any discrepancies being reported by
the verifying authorities, the accused shall surrender forthwith.
3.
The Courts must insist on filing of black and white photographs of the
sureties which must have been prepared from the negative.
4.
The copies of the title deeds filed in support of solvency of status should be
verified.
5.
In cases where the Court feels that there are chances of plantation of drugs
to implicate a person in a case covered under the NDPS Act, the amount of
surety bonds may be suitably reduced.
I am, therefore, to request you to kindly bring the contents of the Circular Letter
to all the Judicial Officers working under your administrative control for strict
compliance of the directions.
Guidelines for verification of address and status of sureties
C.L. No. 28/2010/Admin.'G-II' Dated 18.9.2010

In continuation of the Court's earlier Circular Letter No. 44/98, dated 20.08.1998,
Circular Letter No. 58/98, dated 05.11.1998 and Circular Letter No. 3/Admin.(G), dated
16.02.2009 which propounded certain guidelines in respect of verification of the address
and status of the sureties filed before the Subordinate Courts, upon consideration, the
Hon'ble Court has been pleased to direct that it is imperative for the Sessions Judges and
Addl. Sessions Judges to be circumspect enough in directing release of the accused in
appropriate cases, in which specific direction had been issued by the High Court for
releasing the accused on interim bail pending hearing of regular bail consistent with the
mandate of the circulars of this Court which has basis in the decision of this Court in
Shiv Shyam Pandey; 2009 (5) ALJ 70, by accepting the bonds provisionally and no
person who has been on interim bail should be relegated to jail custody simply for
purpose of verification of sureties failing which they would make themselves liable to be
hauled up for showing insensitivity to the interest of litigant public besides being liable to
be hauled up for showing disobedience to the mandate as contained in the decision. The