A KOKAN RAO Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Addl. Standing Counsel.

(2.) Petitioner being an accused in G. R. Case No. 10000 of 1997 of the Court of Sub-divisional Judicial Magistrate, Berhampur (in short, 'S.D.J.M.') for the offences under Ss. 224/120-B/34 of the Indian Penal Code (in short 'I.P.C.') was allowed to go on bail by the learned Sessions Judge, Berhampur as per order dated 22-11-1997 in Criminal Misc. Case No. 1095 of 1997 which is impugned in the application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). The Sessions Judge ordered that the offences being bailable and the petitioner being willing to go on bail, he may be released on furnishing bail bond for Rs. 10,000/- (rupees ten thousand) with two local solvent sureties for the like amount to the satisfaction of the S.D.J.M. Learned counsel for the petitioner argued that the amount fixed and number of sureties demanded is an higher side and it is as good as refusal of bail to the petitioner inasmuch as he is not in a position to satisfy the conditions. He further argued that keeping in view the nature and gravity of the offences the petitioner should have been allowed to be released on furnishing a P. R. bond or a surety amount which the petitioner can afford. In support of the contentions he has relied upon a decision of the Apex Court.

(3.) Learned Addl. Standing Counsel conceded to the aforesaid argument.