WU CHUNNAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), the petitioners have challenged legality and propriety of the order dated 21-2-2011 passed by the 2nd Additional Sessions Judge (ITC), Korba in Criminal Revision No. 05/2011, affirming the order dated 23-12-2010 passed by the Judicial Magistrate First Class, Korba, whereby learned Judicial Magistrate First Class has refused to accept deposit instead of recognizance in accordance witrT^Section 445 of the Code.

(2.) I have heard learned Counsel for the parties, perused the order impugned, copies of other documents, applications and order sheets.

(3.) Vide order dated 30-4-2010 passed by the Supreme Court in Criminal Miscellaneous Petition No. 6369/2010 the Supreme Court has ordered the petitioners to be released on bail subject to the terms and conditions to be imposed by the Trial Court in its discretion and also imposed a condition directing surrender of passports of the petitioners. In compliance of the order passed by the Supreme Court, the Trial Court has passed order ffiat if the petitioners furnish personal bonds of Rs. 1 lakh each with two local solvent sureties of Rs. 50,000/- each, they be released on bail. Thereafter, the petitioners have applied for deposit instead of recognizance in terms of Section 445 of the Code, same has been dismissed by the Trial Court vide order dated 23-12-2010 which was challenged before the Revisional Court and same was also dismissed by the Revisional Court vide the order impugned. Both the Courts below have held that in accordance with Section 445 of the Code only deposit is permitted instead of personal bond and not of surety bond.