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2004 DIGILAW 1388 (RAJ)

Prahlad v. State of Rajasthan

2004-09-23

HARBANS LAL

body2004
JUDGMENT 1. - This criminal revision petition under Section 397 read with Section 401 Cr.PC. challenges the order dated 6.7.2004 of the learned Addl. Sessions Judge No. 5, Kota in Criminal Case No. 879/03, vide which while ordering release of the petitioner on bail the learned court below has directed him to furnish two local sureties duly verified by the Tehsildar in the sum of Rs. 50,000/- each with a personal bond of Rs. one lac besides imposing other conditions for his release on bail. 2. Learned counsel for the petitioner has not called in question other conditions imposed in bail order. He has however, contended on the strength of Moti Ram and others v. State of Madhya Pradesh ( AIR 1978 SC 1594 ) and Veer Singh & Anr. v. State of Rajasthan [2002(3) R.Cr.D. 147 (Raj.) ] that the rider of local and verified sureties is in contravention of the settled law. It has same effect of depriving the petitioner from being released on bail. He has, therefore, urged that this condition may be set aside and quashed. 3. Learned PP also could not controvert this contention. However, he has tried to submit that the court below has given this direction with a view to ensure the presence of the accused during trial. 4. I have given my anxious and thoughtful consideration to the submissions made at the bar and have also perused the cited authorities. 5. It is well settled principle of law as held by the Hon'ble Apex Court in the aforesaid case of Moti Ram & Ors. v. State of Madhya Pradesh that the condition of local sureties being discriminatory cannot be legally sustained. Indeed, the condition of local and verified sureties is an onerous condition which cannot be sustained in view of the settled law in this behalf. The same is required to be set aside and quashed in the interest of justice and fair play.Consequently, this revision petition is allowed. The condition of furnishing of local sureties duly verified by the Tehsildar passed by the learned court below is quashed and set aside. The aforesaid condition is modified to the effect that the petitioner shall furnish a personal bond in the sum of Rs. one lac with two sureties in the sum of Rs. The condition of furnishing of local sureties duly verified by the Tehsildar passed by the learned court below is quashed and set aside. The aforesaid condition is modified to the effect that the petitioner shall furnish a personal bond in the sum of Rs. one lac with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the learned court below, but the sureties may not necessarily be local residents and the condition of verification by the Tehsildar shall also be not insisted updh.Impugned order modified. *******