JUDGMENT 1. - Heard counsel for the parties. The petitioner through this petition seeks to modify the impugned order dated 17.3.2005 in so far as it relates to release of the petitioner on bail. 2. The accused petitioner was granted bail under Section 439 Cr.RC. by the Special Judge, SC/ST (Prevention of Atrocities), Ajmer and was ordered to be released on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- of local solvent persons. When bail bonds were furnished for verification, the learned Addl. Chief Magistrate (Railways), Ajmer vide its order dated 21.4.2005 refused to verify the bail bonds in view of the condition imposed in the bail order, inasmuch as the sureties produced were the residents of Bikaner. 3. Learned counsel for the petitioner submitted that the condition to furnish local sureties as imposed in the bail order dated 17.3.2005 is too harash and coercive that it virtually amounts to denial of release of petitioner on bail. In support of his argument, learned counsel has relied upon Moti Ram v. State of M.P (1978 SCC (Cri) 485 ) and Keshab Narayan Banerjee and another v. The State of Bihar ( AIR 1985 SC 1666 ). 4. I have considered the above argument and have gone through the case laws cited at the bar. In para 33 of the judgment in Moti Ram's case (supra), their Lordships of the Apex Court have depricated the view of the courts in insisting upon brining local sureties while granting bail. The observations of the Apex Court may be quoted below: To add insult to injury, the magistrate has demanded sureties from his own district? (we assume the allegation in the petition). What is a Malayalee, Kannadiga, Tamil or Telugu to do if arrested for alleged misappropriation or theft or criminal trespass in Bastar, Port Blair, Pahalgam or Chandni Chowk? He cannot have sureties owning properties in these distant places. He may not know any one there and might have come in a batch or to seek a job or in a morcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non-regional language applications what law prescribes the geographical discrimination implicit in asking for sureties from the court district? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic.
Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non-regional language applications what law prescribes the geographical discrimination implicit in asking for sureties from the court district? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Article 14 protects all Indians qua Indians, within the territory of India. Article 350 sanctions representation to any authority, including a court, for redress of grievance in any language used in the Union of India. Equality before the law implies that even a vakalat or affirmation made in any State language according to the law in that State must be accepted everywhere in the territory of India save where a valid legislation to the contrary exists. Otherwise, an adivasi will be unfree to Free India, and likewise many other minorities. The divagation has become necessary to still the judicial beginnings, and to inhibit the process of making Indians aliens in their own homeland. Swaraj is made of united stuff." 5. The petitioner is not a resident of State of Rajasthan and thus obviously he may have the persons of his acquaintance in Rajasthan, but not necessarily in Ajmer itself. Since the petitioner have his relations in Bikaner, he has produced the sureties of Bikaner. In that view of the matter, considering the observations of the Apex Court as quoted above, I am of considered view that the learned Special Judge need not insist that the petitioner should produce sureties who are residing in Ajmer. 6. Consequently, this petition succeeds and is allowed. The impugned order dated 17.3.2005 learned Special Judge, SC/ST Court, Ajmer shall modified accordingly.Petition allowed. *******