Research › Browse › Judgment

Rajasthan High Court · body

1987 DIGILAW 330 (RAJ)

Dwarka Prasad s/o Laduram v. State of Rajasthan

1987-03-23

M.B.SHARMA

body1987
JUDGMENT 1. - A look at Section 437 Cr. C.P.C. will show that even in a case where the offence is not punishable with imprisonment for life or death it is within the discretion of the Court in a non-bailable case to grant bail to the accused or refuse bail to the accused. Under sub- section (3) of Section 437 Cr. PC when a person accused or suspected of the Commission of an offence punishable With imprisonment which may extend to seven years or more of an offence under Chapter VI, Chapter XVI or Chapter XVII of tire Indian Penal Code (55 of 1860), or abetment, or conspiracy or attempt to commit any such offence is released on bail under sub-section (1) the Court may impose any condition which Court considers necessary, in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the Commission of which is suspected on otherwise in tire interest of justice. Thus it will be clear that such condition can only be imposed for specified offence under subsection (1) of Section 437 and not in other cases. An offence under Section 14/54 shall be punishable with imprisonment for a term which may extend to 3 years and with fine which may extend two thousand rupees. Thus in a case of this nature in my opinion, the condition as aforesaid under subsection 3 of Section 437 Cr. PC cannot be imposed. No doubt an accused who after being released on bail commits similar type of offence cannot claim that he should be released on bail because the of Hence is not punishable imprisonment for life or death. But looking to the petty nature of the case that there were six bottles of illicit liquor said to have been found from the possession of the accused. I am inclined to release the accused petitioner. 2. Consequently, I allow this application and direct that the accused petitioner shall be released on his furnishing a personal bond in the sum of Rs. 12,000/- with two sureties in the sum of Rs. 6000/- each to the satisfaction of the learned trial court or any other Court on all the dates of hearing as and when called upon to do so.Application allowed. *******