PINTU ALIAS SANJEEV CHAKRABARTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under Section 439(1)(b) Cr.P.C. has been filed for modification of condition imposed by the learned Second Additional Sessions Judge, Bhubaneswar in his order dated 29.1.2004 while granting bail to the petitioner.

(2.) FROM the impugned order it appears that the petitioner was charge sheeted for committing offences under Section 394 of the Penal Code and Section 25 of the Arms Act. He filed an application for bail before the learned Second Additional Sessions Judge, Bhubaneswar and on consideration of the materials available in the case diary, the learned Second Additional Sessions Judge directed that the petitioner be released on bail on furnishing cash security of Rs. 5.000/ - and executing a bond of Rs. 20,000/ - with two sureties each for the like amount to the satisfaction of the learned Second Additional Sessions Judge with the further condition that the petitioner shall not indulge in any criminal activity and attend the Court on each date the case is posted to apart from some other conditions. The learned counsel appearing for the petitioner seeks for modification of the said order on the ground that the petitioner is not in a position to deposit cash security as directed as a result of which he has not been able to avail the bail granted by the learned Second Additional Sessions Judge and still he is continuing in custody. It is prayed that the direction for furnishing cash security of Rs. 5,000/ - be waived.

(3.) IT is clear from the observation made by the Apex Court in the reported decision that while granting bail the Court should be careful to see that imposition of cash security will no amount to denial of bail. There are few people in this country who can furnish cash security for availing bail and, therefore, the Court while granting bail should as far as practicable avoid directing deposit of cash security as a condition. Only in exceptional cases where the Court thinks it proper to impose a condition for furnishing cash security, such order may be passed. But generally the Court should take care to avoid such a condition as it will be impossible for most of the people to comply with and imposition of such condition shall amount to denial of bail.