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2004 DIGILAW 195 (ORI)

Pintu @ Sanjeev Chakrabarti v. State of Orissa

2004-04-16

L.MOHAPATRA

body2004
JUDGMENT L. MOHAPATRA, J. — This application under Section 439(1)(b) Cr.P.C. has been filed for modification of condition imposed by the learned Second Additional Sessions Judge, Bhubaneswar in his order dated 29.1.2004 while granting bail to the petitioner. 2. From the impugned order it appears that the petitioner was charge sheeted for committing offences under Section 394 of the Penal Code and Section 25 of the Arms Act. He filed an appli¬cation for bail before the learned Second Additional Sessions Judge, Bhubaneswar and on consideration of the materials availa¬ble in the case diary, the learned Second Additional Sessions Judge directed that the petitioner be released on bail on furnis¬hing cash security of Rs. 5.000/- and executing a bond of Rs. 20,000/- with two sureties each for the like amount to the satis¬faction of the learned Second Additional Sessions Judge with the further condition that the petitioner shall not indulge in any criminal activity and attend the Court on each date the case is posted to apart from some other conditions. The learned counsel appearing for the petitioner seeks for modification of the said order on the ground that the petitioner is not in a position to deposit cash security as directed as a result of which he has not been able to avail the bail granted by the learned Second Addi¬tional Sessions Judge and still he is continuing in custody. It is prayed that the direction for furnishing cash security of Rs. 5,000/- be waived. 3. The learned Second Additional Sessions Judge taking into consideration the peculiar facts and circumstances of the case and the period for which the petitioner was in custody was inclined to release him on bail. Coming to the question as to whether while granting bail, the Court should impose condition for furnishing of cash security or not has been dealt with by the Apex Court in the case of Keshab Narayan Banerjee and another v. The State of Bihar reported in A.I.R. 1985 Supreme Court 1666. The Apex Court passed the following order : “ORDER :- Special Leave granted. Mr. Goburdhan takes notice on behalf of the State of Bihar. Heard counsel for the parties. The Apex Court passed the following order : “ORDER :- Special Leave granted. Mr. Goburdhan takes notice on behalf of the State of Bihar. Heard counsel for the parties. The condition imposed by the High Court for enlarging Keshab Narayan Banerjee, appellant No.1 n bail, namely, that he should furnish security for rupees one lakh in cash or in fixed deposit of any nationalized bank in Bihar with two sureties residing in the State of Bihar each for a like amount appears to be excessively onerous. In the circum¬stances of the case, it virtually amounts to denial of bail itself. It is, therefore, ordered that appellant No. 1 shall be enlarged on bail on his furnishing a bail bond for Rs. 25,000/- with two sureties each for the like amount to the satisfaction of the learned Special Judge. The learned Special Judge need not insist that the appellants should produce sureties who are resid¬ing in Bihar only. The order of the High Court shall stand modi¬fied accordingly.” 4. It is clear from the observation made by the Apex Court in the reported decision that while granting bail the Court should be careful to see that imposition of cash security will not amount to denial of bail. There are few people in this coun¬try who can furnish cash security for availing bail and, therefore, the Court while granting bail should as far as practi¬cable avoid directing deposit of cash security as a condition. Only in exceptional cases where the Court thinks it proper to impose a condition for furnishing cash security, such order may be passed. But generally the Court should take care to avoid such a condition as it will be impossible for most of the people to comply with and imposition of such condition shall amount to denial of bail. 5. I, therefore, allow the application and waive the direction for furnishing cash security of Rs. 5,000/- (Rupees five thousand). All other conditions imposed shall remain unal¬tered. Application allowed.