LAWS(RAJ)-2006-1-10

MANOJ KUMAR Vs. STATE OF RAJASTHAN

Decided On January 03, 2006
MANOJ KUMAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) HEARD.

(2.) IT is contended by learned counsel for the petitioner that the petitioner was granted bail by the learned Trial Court on 12. 3. 2005 with the condition that he shall furnish personal bond of Rs. 50,000/- alongwith a local surety of the like amount. In compliance of the said order, the requisite bail bonds including local surety for a sum of Rs. 50,000/- was furnished by the petitioner. It is further contended that the said local surety moved an application on 25. 8. 2005 expressing before the Court his desire to withdraw the surety. Vide order dated 16. 9. 2005, the petitioner was directed to furnish fresh local surety for a sum of Rs. 50,000/- within a period of one month.

(3.) BY the present petition moved under Sec. 482 Crpc the petitioner has challenged the order dated 16. 9. 2005 on the ground that he is not in a position to furnish local surety as ordered by the Court on 12. 3. 2005. It is contended that the condition is in contravention of the judgment of the supreme Court. A specific query has been made to learned counsel for the non-petitioner whether during the trial the petitioner's bail bonds were forefeited or he has jumped bail. But, it is not disputed by learned counsel for the non-petitioner. Counsel for the complainant, however, contends that the original order dated 12. 3. 2005 is not under challenge by which the Trial court has passed order for furnishing the local surety.