# not be detained just for verification of sureties

- **Citation:** C.L. No. 64/VIIIg-48/Admn
- **Court:** Allahabad High Court
- **Decided:** 1991-11-11
- **Case number:** C.L. No. 64/VIIIg-48/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/not-be-detained-just-for-verification-of-sureties-163351
- **Pages:** 2

## Text

236
Sessions Judges/Addl. Sessions Judges must invariably mention in their orders in such
cases that the accused persons must be released without the least delay and they should
not be detained just for verification of sureties.

The above instructions may kindly be brought to the notice of all the Magistrates
and Sessions Judges under your administrative control for guidance and strict compliance
in future.
(x)
Disposal of old cases and bail application
C.L. No. 64/VIIIg-48/Admn. (G), dated November 11, 1991

I am directed to invite your
attention to Court's Circular Letter
noted on the margin and printed at
pages 380 to 383 and 472 to 478 of
the Book of Circular Orders of the
High
Court,
1990
Edition,
published by JTRI, Lucknow on
the above subject and to say that
instructions already issued in the
matter be adhered to and the
judicial officers are directed to pay
more attention in the disposal of
old cases and bail applications.
I am, therefore, to request
you kindly to bring in the notice of
all Concerned, the contents of this
letter for their information and
strict compliance in future.

(xi)
Return of Case Diary to the Police
C.L. No. 43/VIIb-15/Admn.(G) dated May 31, 1991
I am directed to refer to Court's Circular letter No. 134/VII b- 15, dated
November 27, 1978, on the above subject, and to say that the Court reiterates its earlier
view for return of Case Diary to the Police and directs that the Case Diaries should
invariably be returned to the Police after being made use of it by the courts and should
not be made part of the Judicial record.
Kindly bring the contents of this letter to the notice of all Criminal Courts
working under your supervision, for compliance.
Disposal of cases & old cases :
1. C.L.No. 69/X-a-14 dated 13.7.1953
2. C.L.No. 65, dated 31.10.1962
3. C.L.No. 61/VIIIh-13, dated 29.5.1972,
4. C.L.No. 4, dated 3.2.1976
5. C.L.No. 104/IVh-36, dated 16.6.1976
6. C.L.No. 13, dated 22.1.1977, and
 7. C.L.No. 8/IVf-80, dated 18.2.1981.
Disposal of Criminal cases:
1. C.L.No. 23/VIIIb-249, dated 3.2.1975,
2. C.L.No. 17/VIB-13, dated 27.2.1979,
3. C.L.No. 114/VIIb-3, dated 5.9.1975,
4. C.L.No. 28/VIIIh-18, dated 7.3.1979
5. C.L.No. 90/VIIIg-38, dated 1.12.1980
6. C.L.No. 59/VIIIg-38, dated 16.9.1981
7. C.L.No. 85/VIIIg-38, dated 24.12.1982,
8. C.L.No. 66/VIIb-2, dated 24.9.1984.
Bail Application:
1. C.L.No.55/VIIIh-37, dated 2.11.1988,
2. C.L.No.44/VIIIa-14, dated 23.3.1971,
3. C.L.No. 22/VIIIa-14, dated 8.2.1971,
4. C.L.No. 10/VIIb-47,dated 20.1.1976, and
 5. C.L. No. 75/VIIb-47, dated 3.11.1989
237
(xii)
Criminal Misc. Writ Petition No. 16259 of 1992 Dr. Hidayat Husain Khan v.

State of U.P.
C.L. No. 38/VIIIa-50/Admn.(G), dated June 17, 1992
I am directed to enclose herewith a copy of judgment dated 14.5.1992 passed by
a Division Bench of this Court in the above noted case in the matter of disposal of bail
applications by the Subordinate Courts on the day the accused surrendered before the
court, and to say that a copy of this Judgment be circulated to the Chief Judicial
Magistrate and other concerned Magistrate under your supervision for their information
and necessary compliance.
 (xiii)
Information in regard to filing of the fake bail orders of Hon'ble High
Court.
C.L. No.13/ dated March 13, 1996
Recently the Hon'ble High Court while disposing the Bail Application No.9973 of
1984 Kashmir Singh v. State relating to Bareilly District and Bail Application No. 6630
of 1995 Om Pal v. State relating to District Meerut noticed that fictitious bail orders,
which have not been passed by Hon'ble High Court, have been issued by some agency
not connected with the High Court. The Court has taken a serious view of this matter and
an enquiry has been ordered into the whole matter to be conducted by C.B., C.I.D.

The Court has desired that all such cases, if come to the notice of any court
situated in your District they be brought to the knowledge of the Hon'ble High Court for
comprehensive enquiry and action.
I am, therefore, to request you to bring this fact to the knowledge to each
Presiding Officer of your Judgeship so that any such case may not escape from the notice
of the Hon'ble Court.
 (xiv) Practice of granting pre-emptive bails
C.L. No. 36/dated September 8, 1995
Hon'ble Court in Criminal Revision No.181 of 1995 Prem Narain v. State of
U.P., have been pleased to observe that pre-emptive bails are not permissible as has been
held by Hon'ble Supreme Court in the case of Dasharath Pandey v. State of Bihar, JIC
l995 page 353. The copy of the said order is annexed with this letter.
Kindly bring it to the notice of all the officers of your Judgeship for their future
guidance.
Dasharath Pandey v. State of Bihar, 1995 JIC 353 (SC)
Criminal Procedure Code, 1973, Section 439, Power of High Court to grant bail-
Bail granted by the order of High Court- Release made effective on a future date ranging
between 6 months to one year-Validity of the order.
If the accused is due for bail, then he should get it then and there. In case he is not
due for bail instantly then the petition should be dismissed that the prayer of bail be

 Overruled by F.B. in Vinod Narain vs. State of U.P., 1995(32) A.C.C. 375