(1.) The present application has been filed under Section 439 (1) (b) of the Code of Criminal Procedure for modification of the conditions imposed by the learned S.D.J.M, Panposh while granting bail. From the order, it appears that the learned Magistrate has directed the petitioner to be released on bail for a sum of Rs. 40,000/- with two sureties and the conditions imposed are that the petitioner shall not commit similar offence, threaten the witnesses and shall appear in the court on every alternative day and also furnish a bank guarantee of Rs. 5,000/- for a period of five years or in the alternative deposit cash of Rs. 5,000/-. The petitioner, who is running a business, if directed to appear in court every alternative day as a condition for grant of bail, the same amounts to refusal of bail. Further, there was no reason for the learned Magistrate to impose a condition for furnishing bank guarantee of Rs. 5,000/- for a period of five years or to deposit a cash of Rs. 5,000/-. The learned Magistrate while granting bail should be reasonable in his approach in imposing conditions. He should not impose such condition which would amount to refusal of bail. I, therefore, modify the impugned order to the following extent. The condition that the petitioner shall appear before the learned Magistrate every alternative day and that he will furnish bank guarantee of Rs. 5,000/- or deposit cash of Rs. 5,000/- shall stand waived. The other conditions shall remain unaltered. Criminal Misc Case is disposed of.
(2.) Urgent certified copy of the order be granted on proper application. Misc. Case disposed of.