REX Vs. GENDA SINGH

JUDGEMENT

(1.) Genda Singh and others are on trial before the Sub-divisional Magistrate, Deoria, district Gorakhpur, for an offence under Section 228, read with Section 117, Penal Code. The offence is bailable. The learned Magistrate ordered the accused to be released on bail on furnishing two sureties each in Rs. 2000 and a personal bond in Rs. 2000. He also ordered the accused to give an undertaking that they would not take part in any public demonstration and would not make any public speech or' do anything regarding fresh abetment of an offence under Section 228, Penal Code. The accused went up to the Sessions Judge, who modified the order of the learned Magistrate to the extent that the amount of the sureties was reduced to Rs. 250 each and that the condition imposed by the Magistrate was cancelled. This is an application for the State against the order of the learned Sessions Judge, praying that the condition imposed by the learned Magistrate should be re-imposed.

(2.) I have heard the learned Government Advocate and am of opinion that this application should be rejected.

(3.) The offence under Section S28, read with Section 117, Penal Code, is bailable, and under Section 496, Criminal P. C,, the Court has to release the accused on bail when the accused is prepared to give bail. Under Section 498, Criminal P. C. the Court has to fix the amount of the bond within reasonable limits and after taking into consideration the circumstances of the case. Under Section 499, Criminal P. C., the accused has to execute a bond for such sum of money as the Court thinks sufficient, and the sureties have also to furnish bonds for such sums as the Court thinks sufficient. These bonds are to provide that the accused will attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the Court. It--is clear from these provisions that the bail bonds provide for the accused's appearance at the hearing of the case, and that the Court has to exercise its discretion with respect to the amount of the bond and not with respect to any other matter when it is called upon to determine whether an accused in a case in which bail should be granted ought to be granted bail. The imposition of conditions in an order granting bail may amount ultimately to a refusal of bail and, therefore, the imposition of conditions in an order for bail in a bailable case will be against the provisions of Section 496, Criminal P. C., which contemplates that a person shall be released on bail when the person is prepared to give the bail in conformity with the order of the Court passed after taking into consideration the matters mentioned in Sections 498 and 499, Criminal P. C.