MANISH Vs. STATE OF U P

JUDGEMENT

(1.) B. A. Zaidi, J. In Case Crime No. 388/2007 under Sections 379, 411, I. P. C. Police Station Sector-39 Noida district Gautam Budh Nagar, bail was granted by Sessions Judge (on 3. 11. 2007) and the accused (applicant) was asked to furnish two local sureties for a sum of Rs. 35, 000/ -.

(2.) THE accused applied that he belongs to Auraiya and it is difficult for him to procure two local sureties and he produced two sureties residents of district Bulandshahr, which the Sessions Judge declined to accept by order dated 15. 11. 2007 without giving any reason.

(3.) THE order of Judge is violative of Article 14 of the Constitution of India, as held in the case of Moti Ram and others v. State of Madhya Pradesh, AIR 1978 SC 1594, where the Hon'ble Supreme Court held that demand of local sureties is violative of Article 14 of the Constitution of I ndia.