SAHJAD & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In S.B. Cr. Misc. Bail Application No. 2831/91, the petitioners were ordered to be released on bail under section 439 Crimial P.C. on furnishing a personal bond in the sum of Rs. 50,000.00 with two sureties in the sum of Rs. 25,000.00 each to the satisfaction of Addl. Distt. & Sessions Judge, No. 2, Alwar. One of the conditions of the bail was that the sureties shall be the residents of the State of Rajasthan.

(2.) Now, the present petition has been filed by the petitioners with a prayer to modify the aforesaid order and the rider placed in the bail order that the sureties should be the residents of the State of Rajasthan be removed.

(3.) According to the learned counsel the petitioners were the driver and the Khalashi on the truck in-question and they have no relations in the State of Rajasthan, who could stand as sureties for them. The learned counsel submits that even though the order of bail was passed by this Court on 16/9/1991, but the petitioners could not get their release as they could not manage the sureties of the State of Rajasthan. The learned counsel further submits that the aforesaid condition vertually amounts depriviation of bail of the petitioners even though they are entitled to get the same. The learned counsel has placed reliance on AIR 1985 S.C. 1666 and 1988 R.C.C. 262.