JAGTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice was given to the learned Public Prosecutor and heard the learned counsel for the parties.

(2.) By its order dated 26.6.97 the learned trial court had ordered the release of the petitioner on bail Under section 167(2) Cr.PC. on his furnishing one local surety in the amount of Rs. 10,000.00 with personal bond in the like amount. Since the petitioner could not arrange for a local surety, he applied for deposit of the surety amount of Rs. 10,000.00 in cash but the learned trial court, vide its order dated 24.7.97 held that his satisfaction would be arrived only by production of a local surety and not deposit of the surety amount.

(3.) In view of the law laid down by the Supreme Court in the case of Moti Ram Vs. State of M.P (AIR 1978 SC 1594) , followed by this court in the case of Ujagar Singh Vs. State of Raj. (RLR 1983 page 48) . the earned Magistrate could not have insisted upon production of a local surety by the petitioner. He could have asked the petitioner to produce proof for the solvency of the surety to his satisfaction. Therefore, the condition of local surety, as laid down by the learned Magistrate in his order dated 26.6.97 is hereby deleted. Sec. 445 Crimial P.C. lays down that instead of producing the bond with or without surety, the court may permit the person concerned to deposit a sum of money of Govt, currency notes of such amounts, as the court or officer may fix in lieu of executing such bond.