The Supreme Court has observed that an accused cannot be indefinitely kept in jail for his inability to produce registered surety for reasons beyond his control.
The bench comprising Justice Indira Banerjee and Justice Sanjiv Khanna directed the Chief Metropolitan Magistrate, Calcutta, to consider modifying the orders passed in the bail plea of one Wasim Ahmed, without insisting on registered surety.
Chief Metropolitan Magistrate of Calcutta had granted bail to Wasim Ahmed on condition of producing registered surety. He had approached the Apex Court directly against this order due to Advocate strike in West Bengal.
He submitted before the court that he is a resident of Nagpur, and is not in a position to produce any registered surety. It was also submitted before the court that his mother is critically ill, for which he needs to go home. After hearing the counsel of Wasim Ahmed, the bench said:
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