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1985 DIGILAW 48 (RAJ)

Chiman Lal S/o Om Prakash v. State of Rajasthan

1985-01-18

DAVE

body1985
JUDGMENT 1. - Having heard both the parties, I am of the opinion that the amount of bonds fixed by the court is on much higher side. The purpose of fixing the amount of the bond is to secure the presence of the accused and not denying him an opportunities for finding out the surities. Procured surities may have no financial status for the amount mentioned therein. On the contrary it is often noticed that the false affidavits showing the financial status are filed and when it comes to the question of recovering the money, if the accused are not available, then a plea is taken by surities that they have no money and are paupers. Therefore while fixing the amount the paramount considerations should be the Financial status of accused and his antecedents. The order passed must be effective when it comes to implementation and should not result in abuse of the process of the court. I, therefore, feel that ends of justice would meet if the amount of personal bond is reduced from Rs. 1,00,000/- to Rs. 20,000/- and that of each surety from Rs. 50,000/- to Rs. 10,000/-.Order accordingly. *******