PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.PC. challenges the order dated 6.7.2004 of the learned Addl. Sessions Judge No. 5, Kota in Criminal Case No. 879/03, vide which while ordering release of the petitioner on bail the learned court below has directed him to furnish two local sureties duly verified by the Tehsildar in the sum of Rs. 50,000.00 each with a personal bond of Rs. one lac besides imposing other conditions for his release on bail.

(2.) Learned counsel for the petitioner has not called in question other conditions imposed in bail order. He has however, contended on the strength of Moti Ram and others Vs. State of Madhya Pradesh (AIR 1978 SC 1594) and Veer Singh & Anr. Vs. State of Rajasthan [2002(3) R.Cr.D. 147 (Raj.) ] that the rider of local and verified sureties is in contravention of the settled law. It has same effect of depriving the petitioner from being released on bail. He has, therefore, urged that this condition may be set aside and quashed.

(3.) Learned PP also could not controvert this contention. However, he has tried to submit that the court below has given this direction with a view to ensure the presence of the accused during trial.