JUDGMENT 1. The question arising for our determination in this rule is whether the amount of security demanded from the Petitioner should be varied or reduced. The Petitioner is the subject of certain proceedings under the Indian Extradition Act of 1903 pending before the District Magistrate of Alipur. When he was first arrested and produced in Court on the 27th April 1911, a sum of Rs. 2,000, out of the properties found with him, was given to him in order to enable him to furnish cash security of that amount. Subsequently, on the 9th May last, the security was increased by Rs. 10,000, namely, two sureties in the sum of Rs. 5,000 each. 2. The Extradition Act provides for bail to be furnished by persons accused of certain crimes, and the matter is one which must be regulated by the provisions of the Criminal Procedure Code. We have the fullest discretion in the matter; but regard must be had to the provisions of sec. 496 and the circumstances of the present case. 3. Now, sec. 496 coupled with the form given in the Schedule to the Code (Form XLII, Sch. V) contemplates two kinds of security, namely, (1) the simple recognisance of the principal, and (2) security with sureties. The word "bail" is properly applicable to the second kind of security and that is the meaning which has been attached to the word in the practice and procedure of the Courts. The vernacular expression for bail is quite different from that for personal recognisance. 4. The question, therefore, is whether, in all the circumstances of the case, we should vary or reduce the amount of bail for rupees ten thousand demanded. 5. The accused is a stranger in this country. We are not concerned to inquire why or how he has come to India, but we may consider the difficulties of his position to a reasonable extent. It seems to us that five or ten thousand rupees is too heavy a sum for him to find security to that amount. 6. The amount which appears to us suitable in the present circumstances, regard being had to the improbability of the accused absconding during the present inquiry, is rupees three thousand, that is to say, he will furnish two sureties in the sum of Rs.
6. The amount which appears to us suitable in the present circumstances, regard being had to the improbability of the accused absconding during the present inquiry, is rupees three thousand, that is to say, he will furnish two sureties in the sum of Rs. 1,500 (rupees fifteen hundred) each for appearance at the proceedings, and the bond will be, mutatis mutandis, in the form given in Sch. V of the Criminal Procedure Code. The cash deposit of Rs. 2,000 will remain in custody of the Court. 7. The rule is therefore made absolute in these terms. Let the record be sent down at once.