REDDY NAGESWAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner calls in question the propriety of the conditions imposed by the learned Sessions Judge, Cuttack, in the matter of grant of bail. According to him, the conditions are so stringent and unreasonable that they virtually amount to refusal of bail. The learned counsel for the Union of India, however, submits that considering the nature of offences involved such stringent conditions were warranted and were rightly imposed.

(2.) MAIN plank of the petitioner's argument is that the learned Sessions Judge has prima facie found that the allegations against the petitioner are not tenable in the eye of law. In this connection it has been submitted by the learned Standing Counsel that the observations made by the learned Sessions Judge are uncalled for and are contrary to the materials on record.

(3.) CHAPTER XXXlll of the Code of Criminal Procedure, 1973 (in short 'the Code') deals with provisions as to bail and bonds. The word 'bail has been used in Sections 44(1), 56, 81, 389, 390, 395 and 436 to 440 of the Code. In these different sections of the Code, the word 'bail' has been used in different contexts and under different and diverse conditions. In whatever context or condition the word 'bail' is used in those sections, it must conform to Chapter XXXlll of the Code when exclusive provisions for bail and bonds have been made. The surety is termed 'bail, because the person arrested or imprisoned is placed in the custody of those who bind themselves or become bailor for his due appearance when required. 'Bail' is understood to be the freeing or setting at liberty of one arrested or imprisoned upon any action, either civil or criminal, on surety taken for his appearance on certain day and a place named. The word 'bail' has not been defined in the Code, though 'bailable offence' and 'non -bailable offence' have been defined in Section 2(a) of the Code. 'Bailable offence' means offence which is shown as bailable in the First Schedule of the Code or which is made bailable by any other law for the time being in force; and non 'bailable offence' relates to residuary offences. 'Bail' means the release of an accused from the custody of. the officers of law and entrusting him to the private custody of persons who become bound as sureties to produce the accused to answer the charge at the stipulated time or date. In Section 433 a novel provision for grant of anticipatory bail by the High Court or a Court of Session, to a person who has not yet been arrested or taken into custody, but apprehends arrrest has been mae.