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1984 DIGILAW 83 (RAJ)

RISHIKUMAR v. STATE OF RAJASTHAN

1984-02-10

KASLIWAL

body1984
Judgment KASLIWAL, J. ( 1 ) THIS is an application under Section 482 Criminal Procedure Code challenging the order of learned Add!. Sessions Judge No. Bharatpur, dated January 30, 1984, whereby the accused applicants have been asked to furnish at least one surety out of the two residing within the jurisdiction of the Court. All the accused-applicants are residents of Etta (UP ). ( 2 ) IT is contended by learned counsel for the petitioners that at the time of granting bail this fact was taken into consideration that the petitioners were residents of Etta (UP) and on that account they were directed to be released on bail for heavy amounts of Rs. 20,000/personal bond with two sureties of Rs, 10,000/each. It is submitted that the petitioners have furnished sureties of Etta duly verified by the competent authority. It is submitted that in case the applicants are residents of a State outside the State of Rajasthan, then they should be permitted to furnish bail bonds of persons belonging to the place of their residence. Reliance is placed on Motiram and Ors. v. State of Madhya Pradesh1 Krishna Iyer J. in the above case observed as under: To add insult to injury, the Magistrate has demanded sureties from his own district, (we assume the allegation in the petition ). What is a Malayajee, Kannadiga, Tamil or Telugu to do if arrest for alleged misappropriation or theft or criminal trespass in Buster, Port Blair, Pahalgam or Chandni Chowk? We cannot have sureties owning properties in these distant places. We may not know anyone there and might have come in a batch or to seek a job or in a marcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What Law prescribes sureties- from outside or non-regional language applications? What Law prescribes the geographical discrimination implicit in asking for sureties from the court district? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Article 4 protects all Indians qua Indians, within the territory of India. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What Law prescribes sureties- from outside or non-regional language applications? What Law prescribes the geographical discrimination implicit in asking for sureties from the court district? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Article 4 protects all Indians qua Indians, within the territory of India. Art. 350 sanctions representation to any authority, including a court, for redress of grievances in any Language used in the Union of India, equality before the law implies that even a vakalat or affirmation made in any State language according to the law in that State must be accepted everywhere in the territory of India save where a valid legislation to the contrary exists. Otherwise, an adivasi will be unfree in Free India, and likewise many other minorities. This divagation has become necessary to still the judiciai beginnings, and to inhibit the process of making Indians aliens in their own homeland. Swaraj is made of united stuff. ( 3 ) LEARNED Public Prosecutor contended that in case the surety bonds will not be taken of persons belonging to the State of Rajasthan, then there would be great difficulty in realising he amount from the sureties in case the accused persons abscond in the case. ( 4 ) I have given my careful consideration to the arguments advanced by learned counsel for both the parties. In view of the observations made by the Supreme Court in Mot; Ram and Ors. v. State of Madhya Pradesh (supra), the accused persons cannot be compelled to furnish the surety bonds of persons residing within the State of Rajasthan only. However, it would be for the learned trial court to satisfy itself regarding the genuineness and veracity of the surety bonds furnished by the accused-applicants. We can take into consideration whether the surety bonds furnished by the accused-applicants of Etta have been duly verified or not by a competent authority and in case he is satisfied regarding the genuineness and verification of the surety bonds, he would accept the surety bonds and release the accused-petitioners on bail. ( 5 ) WITH these directions this petition is allowed and the learned Addi. Sessions Judge is directed to act in accordance with the observations made above. Petition allowed.