JUDGEMENT
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(1.) HEARD Mr. B.L. Bhartiya, learned counsel for the applicant as well as Mr. R. P. Shukla, learned Additional Government Advocate.
(2.) THROUGH the instant application, the applicant has prayed for issuing a direction to the opposite parties to release the applicant in pursuance of the order dated 25-9-2008 passed in Criminal Misc. Case No. 5394 (B) of 2008. This Court by means of an order dated 25-9-2008 parsed in Criminal Misc. Case No. 5394 (B) of 2008, provided that let applicant Shiv Shyam Pandey be enlarged on bail in crime No. 164 of 2008 under Section 8/22 of N.D.P.S. Act of Police Station Sahadatganj, district Lucknow on his furnishing an adequate personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Learned counsel for the applicant submits that pursuant to the order passed by this Court, bail bond was submitted on 20-9-2008 on behalf of the applicant before the Additional Chief Judicial Magistrate, Lucknow and from Tehsil, the verification has also been done but since the police report has not come, the petitioner has not been released on bail. Thus, he has raised the finger on the action of the police in the matter of verification for releasing the detenu from jail even after the order passed by this Court.
(3.) LEARNED counsel for the applicant invited the attention of this Court towards the circular dated 20-8-1998 issued by the Registrar of this Court, through which this Court has issued some direction for strict compliance, which are as under :
"(A) In serious cases such as murder, dacoity and NDPS Acts the amount of surety bonds should normally be fixed for Rs. One Lac which will be covered by four sureties for the amount of Rs.25,000/- each. (B) The address and status of these sureties must be verified. However, in appropriate cases provisional bail may be granted subject to the verification of the sureties. (C) The Courts must insist for filing of the photograph prepared by the negative and refuse to accept a polaroid or coloured photograph. (D) Copies of the title deeds filed in support of the solvency of the status should be verified. (E) Police verification of the address and parentage of the sureties, be also obtained. (F) In cases where the Court feels that there are chances of plantation of drug to implicate a person in a case in NDPS the amount of surety bond may be suitably reduced." ;
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