Subordinate courts will not insist on complying with the new guidelines for verifying surety of an accused, before hearing the bail application.
The Bombay high court said on Wednesday that they would pass the order next week, directing metropolitan magistrates and sessions judges to hear the bail applications on merits before asking the accused to comply with the bail conditions.
A notification was issued by the registrar general of the high court in October imposing new conditions for releasing convict/ undertrial on bail.
One of them was an accused has to submit to the court a list of at least three blood relatives, with documentary proof of their residential and office addresses. “Such a stand would defeat the spirit of the notification. This (notification) was passed to ensure that convicts or undertrials do not abscond once released on bail,” said justice BH Marlapalle.
A petition was filed by five foreign nationals seeking bail. Their advocate argued that there is no way that they would be able to produce any blood relatives in India.
“The discretion of granting bail has to be with the judge. Presuming that the accused is likely to abscond and hence not granting bail, is not permitted in law,” said Amit Desai, counsel for one of the petitioners.