DocketNumber: No. CV 92 1566 S
Judges: BISHOP, J.
Filed Date: 4/12/1996
Status: Non-Precedential
Modified Date: 4/18/2021
The power to admit to bail is a common-law power that applies, to habeas proceedings as well as to criminal cases. Inasmuch, although the power of a court to admit a petitioner to bail is not statutory, the court has an inherent power to issue an order admitting a petitioner to bail. Gaines v. Manson,
This petitioner should be granted the opportunity to be admitted to bail on this habeas proceedings where a disposition has been made. "``The great purpose of the writ of habeas corpus is the immediate delivery of the party deprived of personal liberty.'"Leighton v. Henderson,
"[i]t would be intolerable that a custodian adjudged to be at fault, placed by the judgment of the court in the position of a wrongdoer, should automatically, by a mere notice of appeal, prolong the term of imprisonment, and frustrate the operation of the historic writ of liberty. "
The decision of whether to admit to bail is a matter within. the absolute discretion of the court. Winnick v. Reilly, supra,
Wherefore, the petitioner is admitted to bail under the following conditions: 1) bond is set at $100,000.00 non-surety; 2) the petitioner is permitted to reside in his home in New York, but may not travel beyond Connecticut or New York; 3) the petitioner should be at his residence in New York every Monday morning when he shall contact bail commissioner Joanne Vaughn by phone at (860) 870-3225 between the hours of 9 a.m. and 10 a.m. from his residence in New York, with the understanding that she CT Page 3405 will be able to verify. his presence at his residence by calling him at her option. In the event the petitioner obtains employment he shall call Ms. Vaughn, from his place of employment giving her the telephone number at which he can be reached on Mondays between the same hours; and 4) the petitioner is ordered not to contact any of the witnesses who were called by the respondent to testify at either the criminal or habeas trial, although this order shall not be construed to prevent counsel for the petitioner from contacting witnesses as is deemed necessary and appropriate in furtherance of representation of the, petitioner.
It is so ordered.
BY THE COURT,
Bishop, J.