KALEEM ALIAS KALEEM PASHA Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent.

(2.) THE petitioner and others are the accused in Crime No. 65/2002 for the offences under Ss. 363 and 392, IPC. Immediately after the arrest, the petitioner and other accused have sought for releasing them on bail. Considering the rival contentions, the learned Magistrate by the order dated 7-6-2002 allowed the application and ordered releasing of the petitioner and others on bail on the following conditions :

(3.) IN this petition, the petitioner has challenged the imposition of condition No. 2 namely accused depositing a sum of Rs. 10,000/- cash within one month from the date of release on the ground that imposition of this condition is illegal and amounts to miscarriage of justice. It is contended that nowhere under the Code, the law prescribes insistence of cash security. In this regard, the learned counsel has relied upon the pronouncement of this Court in the case of Afsar Khan v. State reported in ILR 1992 Kant 2894 : 1992 Cri LJ 1676.