LAWS(RAJ)-1982-11-51

AVINASH KUMAR Vs. THE STATE OF RAJASTHAN

Decided On November 24, 1982
AVINASH KUMAR Appellant
V/S
The State Of Rajasthan Respondents

JUDGEMENT

(1.) -In this application under section 482 read with section 439 Cr. P. C. the learned counsel for the petitioner has submitted that the amount of the bail-bords to be furnished by the petitioner is too heavy. The learned Chief Judicial Magistrate, Churu by his order dated 1.9.82 has ordered the release of petitioner Avinash Kumaron bail on his furnishing personal bond for an amount of Rs. 30,000.00 with two sureties of Rs. 15,000.00 each in a case under section 465, 466 and 471 IPC. The fixing of the amount for bail bords is the discretion of the Court. This court is to interfere only when the discretion is not exercised judiciously. I do not consider that in this case the learned Magistrate has not exercised his discretion judiciously, but still taking into consideration the financial position of the petitioner, it is considered proper to reduce the amount of bail bonds to some extent.Hence the order passed by the learned Chief Judicial Magistrate is modified to the extent that the petitioner shall be released on bail in pursuance of the impugned order provided by furnishing personal bonds for an amount of Rs. 20,000.00 (Rs. Twenty thousand) with two sureties of Rs. 10,000.00 (Rs. Ten thousand) each to the satisfaction of the Chief Judicial Magistrate, Churu instead of the amount ordered by that Court. The application is decided accordingly. Order accordingly.