LAWS(RAJ)-2005-5-95

KARAN SINGH Vs. STATE OF RAJASTHAN

Decided On May 23, 2005
KARAN SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner through this petition seeks to modify the impugned order dated 17.3.2005 in so far as it relates to release of the petitioner on bail.

(2.) The accused petitioner was granted bail under Sec. 439 Cr.RC. by the Special Judge, SC/ST (Prevention of Atrocities), Ajmer and was ordered to be released on bail provided he furnishes a personal bond of Rs.50,000.00 with two sureties of Rs.25,000.00 of local solvent persons. When bail bonds were furnished for verification, the learned Addl. Chief Magistrate (Railways), Ajmer vide its order dated 21.4.2005 refused to verify the bail bonds in view of the condition imposed in the bail order, inasmuch as the sureties produced were the residents of Bikaner.

(3.) Learned counsel for the petitioner submitted that the condition to furnish local sureties as imposed in the bail order dated 17.3.2005 is too harash and coercive that it virtually amounts to denial of release of petitioner on bail. In support of his argument, learned counsel has relied upon Moti Ram Vs. State of M.P (1978 SCC (Cri) 485 ) and Keshab Narayan Banerjee and another Vs. The State of Bihar (AIR 1985 SC 1666 ).