# the following guidelines shall be followed by the Judicial Officers of Subordinate

- **Citation:** Circular Letter No. 44/98
- **Court:** Allahabad High Court
- **Decided:** 1991-11-11
- **Case number:** Circular Letter No. 44/98
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-following-guidelines-shall-be-followed-by-the-judicial-officers-of-163349
- **Pages:** 2

## Text

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
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