Unable to secure bond, man accused in riots case suffers in jail despite bail

New Delhi: Families of people who have been jailed in connection with the North-East Delhi riots have alleged that even after a bail order their loved ones are not being released from the jail, as jail authorities are only accepting fixed deposit as a surety amount for fulfilling the bail bond requirement.

In one such case, Mohammed Hashim was granted bail on a surety of Rs 25,000 on June 20 but he is still in jail as his family has not been able to procure the said amount. In usual cases, the accused person's family can keep a property or any other object that fulfills the bond's obligation as a surety.

However, according to Hashmi's lawyer, the superintendent of jail has asked the family to provide the surety only in the form of a fixed deposit. "There is no rule, but we prefer fixed deposit as a bond," Anita Dayal, Superintendent at Mandoli Jail told Millennium Post. However, as Hashim's family comes from a poor background, it is difficult to procure the bond money.

"I earn Rs 400 per day, while my brother earned Rs 700 per day as a labourer. But with the work closed there is no mode of income and I am trying to now get the surety money in the form of a fixed deposit somehow," Hashim's brother Jaseem said.

"Hashim's family does not have the said amount to pay and get his bail, which is why he is still inside," Tanvi, who is representing Hashim, said. She added that it is not necessary to deposit surety in the form of an FD, but the jail superintendent is adamant in doing so. Jaseem, meanwhile said he had tried to deposit his electric rickshaw as a bond, but it was rejected and a fixed deposit was demanded instead.

Hashim had gone outside his rented room on March 8 and was arrested by the police nearby, according to Jaseem. "Section 144 was imposed in the area and so Hashim was arrested on that accord. Since then, we have been trying to get him bail. It was after months that he got bail, but we don't have the money. I went to the bank to arrange the money, but they have asked me to come tomorrow," he added.

Judge Vinod Yadav who granted Hashim bail in his order said that he was granting him bail as evidence against him was only based on three eyewitnesses, adding that the surety should be to the satisfaction of the Jail Superintendent.

Significantly, there are many like Hashim, languishing in jail despite being granted bail. Another person charged with murder is facing the same problem. His lawyer, Chandan Goswami said, "There are many people like me who are in such a problem. In the end, I had asked the family to somehow get the fixed deposit amount as there was no other choice," he said.