SACHIN NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (referred to in short 'the Code') is directed against the order dated 7.8.2006 passed by the learned Sessions Judge, Jaipur Dist. Jaipur in Misc. (Criminal) Bail Application No. 783/06 arising out of FIR No. 281/2006 PS Bagru Distt. Jaipur for the offences under Sections 4, 5 and 8 of the Immoral Traffic (Prevention) Act, 1956.

(2.) The relevant facts giving rise to this petition are that while allowing application of the petitioner under Sec. 439 Crimial P.C. for his release on bail in the aforesaid case on 7.8.2006 the learned Sessions Judge has passed the following direction-

(3.) His learned counsel has contended on the strength of the relevant provisions of the Code and the case of Moti Ram and Ors. Vs. State of Madhya Pradesh [AIR 1978 SC 1594] that the aforesaid direction to deposit cash/local surety is not only unreasonable and unconscionable but is also so onerous as to deprive the petitioner of bail. He has, therefore, urged that this condition should be deleted/modified and the petitioner may be released on bail on his furnishing a solvent surety to the satisfaction of the concerned court. Learned PP also could not defend the impugned order.