ALLADEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned public Prosecutor for the State and perused the impugned order passed in this case by the Sessions Judge, Partabgarh, on 3rd August, 1977, under S. 438, Cr. P. C. Learned Sessions Judge granted anticipatory bail to Alladeen and Peer Mohammed petitioners in a criminal case pending against them under sections 323, 341 and 379, I. P. C. While granting anticipatory bail to the petitioners, the Sessions Judge laid down certain conditions, presumably in the light of the facts in this case. One of the conditions objected to by the learned counsel for the petitioners is that the petitioners in the event of their arrest shall be released on bail, provided they produced the watch and the sum of Rs. 250/- , before the investigating officer. It will not be out of place to mention that the watch and the sum of Rs. 250/-, are alleged to have been the stolen properties. Imposition of such a condition u/s 438, Cr. P. C. , even though accepted or agreed to by the learned counsel appearing on behalf of the accused, is wholly unwarranted by law for the simple reason that the accused person cannot be compelled to give evidence or to produce any article or document which may tend to implicate him in the commission of the crime or which may be proved as an incriminatory circumstance against him at the trial. It is the duty of the investigating officer to recover, in the course of investigation, if possible, the articles alleged to have been stolen.

(2.) THE Sessions Judge committed a grave error in directing or calling upon the accused persons to produce the watch and the money which were the subject matter of the alleged theft. Only such condition can be included in a direction under sub-section (1) of sec. 438, Cr. P. C. as may appear to be just and reasonable in the light of the facts of a particular case.