GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.RC. seeks quashing of a condition of furnishing bank guarantee imposed by the learned Additional Sessions Judge No. 2, Bharatpur vide his order dated 18.6.2004 in a case FIR No. 237/2004 PS Nadbai, Distt. Bharatpur for the offence under Sec. 16/54 of the Rajasthan Excise Act, 1950.

(2.) Petitioner Govind Singh was alleged to be found in possession of 100 bottles of country made liquor in tubes. His bail application under Sec. 437 Crimial P.C. was rejected by the learned Judicial Magistrate Nadbai on 16.6.2004. He was however, ordered to be released on bail under section 439 Cr.PC. by the learned Additional District & Sessions Judge No. 2, Bharatpur vide his order dated 18.6.2004 but on his furnishing a personal bond with a surety in the sum of Rs. 20,000.00 to the satisfaction of the trial Court alongwith a bank guarantee in the like amount with a stipulation that in the event of his being found repeating the alleged offence, the amount of bank guarantee shall stand forfeited in favour of the State.

(3.) His learned counsel has contended that though conditions may be imposed for releasing the accused on bail but the same should not be onerous of furnishing of bank guarantee in the sum of Rs. 20,000.00 alongwith bail bond in the like amount with a stipulation that the said amount of bank guarantee shall stand forfeited in the event of his being found repeating the alleged offence is unreasonable and onerous. Learned PP also could not controvert this contention.