JUDGMENT 1. - Learned Public Prosecutor is directed to accept the notice for State, who accepts the same.Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner was released on bail under Section 439 Cr.P.C. in FIR No. 96/98 under sections 147, 148, 323 and 458 IPC by the learned Addl. Sessions Judge, Nagaur, Camp Deedwana, on 9.7.1998. In the said order, the learned Addl. Sessions Judge imposed a condition that this bail shall stand cancelled, if a FIR or complaint is lodged against the petitioner in future. Petitioner has challenged the imposition of the aforesaid condition against him. Learned counsel for the petitioner contended that the aforesaid condition is arbitrary dismissed. unreasonable and without any basis. This condition will give free hand to complainant or any friend of the complainant to lodge a FIR malafide in order to get the bail, granted to the petitioner, cancelled. The learned Addl. Sessions Judge, Nagaur, Camp Deedwana did not state any specific reasons for imposing the said condition. 3. Learned P.P contended, supporting the impugned order, that the court has discretion to impose any condition while granting the bail to the petitioner. 4. I have considered the rival submissions. Undoubtedly, the court has powers to impose reasonable and just conditions on the accused while granting bail to him keeping in mind the facts and circumstances of the case and material on record. The only fact which has been mentioned in the impugned order is that a complaint under sections 107 and 151 Cr.P.C. is also pending against the petitioner. I am inclined to agree with the learned counsel for the petitioner that the nature of the condition imposed on the petitioner is likely to be misused by any interested person to get the petitioner's bail cancelled by merely filing a FiR or the complaint, it gives the opportunity for the rival party to abuse the process of the court. In view of this, I am of the view that the condition imposed on the petitioner deserves to be set-aside. However, the condition should be imposed that the learned Addl. Sessions Judge shall be at liberty to cancel the bail of the petitioner if he commits the similar offence while remaining on bail. 5.
In view of this, I am of the view that the condition imposed on the petitioner deserves to be set-aside. However, the condition should be imposed that the learned Addl. Sessions Judge shall be at liberty to cancel the bail of the petitioner if he commits the similar offence while remaining on bail. 5. Consequently, this petition is partly allowed and the condition imposed on the petitioner that his bail shall be cancelled as soon as FiR or complaint is lodged against him, is hereby set-aside. However, the condition is imposed on the petitioner that if he commits a similar offence during the period of his bail then the learned Addl. Sessions Judge shall be free to cancel the bail of the petitioner granted in the case in accordance with law.Petition Partly Allowed-Condition Modified. *******