BIR SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) BIR Singh petitioner was prosecuted under Section 7 of the Essential Commodities Act. He was allowed bail by the trial Magistrate but he did not attend the Court on 22nd April 1976. He remained absconding till 6th April 1977 when he appeared before the Chief Judicial Magistrate and applied for bail. His request for bail was declined by the Chief Judicial Magistrate, Gurgaon. He, therefore, presented an application for bail in the Court of Sessions which was heard by the Additional Sessions Judge, Gurgaon. The learned Additional Sessions Judge ordered the release of the petitioner on bail provided a cash deposit of Rs. 3000/ - is made in the Court of Chief Judicial Magistrate, Gurgaon, by him or on his behalf. Bir Singh has filed this petition alleging that the learned Additional Sessions Judge could not direct him to deposit a cash of Rs. 3000/ -, rather he could ask him to furnish surety under section 499, Criminal Procedure Code, 1898.

(2.) SECTION 499, Criminal Procedure Code, 1898, reads as under: -