JUDGMENT 1. - Notice was given to the learned Public Prosecutor, who has accepted the same. 2. Heard. Perused the impugned order dated 12.3.1993 of the learned Additional Sessions Judge, Karanpur Camp Raisinghnagar, whereby he accepted petitioner's bail petition filed under section 439 Criminal Procedure Code in Crime No. 10/93, P.S. Karanpur for the offence under section 376/511 Indian Penal Code but imposed a condition that the petitioner shall be released on bail provided his father and one another person execute surety bond for an amount of Rs. 5000/- each and petitioner should executed his personal bond for Rs. 5000/-. He may then be released on bail. It is alleged that petitioner's father Banarsi Das does not went to stand surety for the petitioner, and therefore, the petitioner has no: been released on bail. 3. The petitioner by filing this petition under section 482 Criminal Procedure Code has submitted that the condition imposed by the learned Additional Sessions Judge is arbitrary, that since his father is annoyed with him, he does not want to stand surety for the petitioner with the result that petitioner is languishing in jail unnecessarily. It has also been submitted by the learned counsel for the petitioner that the petitioner is ready and willing to furnish two sound and substantial sureties. Therefore, the onerous condition that one of the suretee should be the father of the petitioner should be set aside, because it tentamounts to abuse of the process of the court. 4. The learned Public Prosecutor has not seriously objected this petition. On the other hand Mr. Garg the learned counsel for the complainant has submitted that even from the jail the petitioner is sending threats to his father Banarsi Das and that Banarsi Das has also initiated proceedings under section 107 Criminal Procedure Code against the petitioner which are pending. 5. Since the petitioner and his father Banarsi Das (Complainant) are not on good terms and having litigations inter se, the condition imposed by the learned Addl. Sessions Judge that one of the suretee should of the father of the petitioner appears to me improper, unreasonable and unwarranted.
5. Since the petitioner and his father Banarsi Das (Complainant) are not on good terms and having litigations inter se, the condition imposed by the learned Addl. Sessions Judge that one of the suretee should of the father of the petitioner appears to me improper, unreasonable and unwarranted. The main aim for releasing the accused on bail is to ensure his regular attendance before the court during trial and if the accused furnishes sound and substantial sureties then he is entitled to be released on bail and for this any onerous condition should not be imposed. In the case in hand the condition imposed by the learned Addl. Sessions Judge is clearly unreasonable and though the order granting bail to the petitioner was passed on 12-3-1993, still the petitioner is is the jail due to this onerous and unjustified condition. Such a condition tentamounts to abuse of the process of the court. 6. Therefore, to secure the ends of justice. I allow this petition and set aside the said impugned condition imposed by the learned Additional Sessions Judge, Karanpur Camp Raisinghnagar in his order dated 12-3-93 and order that petitioner Ashok Kumar be released on bail, provided he executes his personal bond for an amount of Rs. 10,000 (Rs. ten thousand) and furnishes two sound and substantial sureties for an amount of Rs. 5000/- each to the satisfaction of the learned trial Judge for his regular appearance before him on each and every date of hearing and whenever ordered to do so.Petition allowed. *******