BABULAL & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have approached this Court against the rider placed by the learned Sessions Judge, Jhalawar to the extent that accused should be from Bhawani Mandi and then alone the accused shall be released on bail. The petitioners challenge is that there is no such law by which such conditions can be imposed and the court is only concerned with the solvency of the sureties and not their place of residence. It has been held several times that order could not be passed so as to nullify the effect of the same. The persons staving in district Nagaur who have no relations or acquaintances in Bhawani Mandi obviously can get the sureties either by payment of Money or through somebodys influence who on the contrary would not be the voluntary surety as contemplated by law. His Lordship Honourable Mr. Justice Krishna Ayeer held in the case of Moti Ram and others Vs. State of Madhya Pradesh, (AIR 1971 supreme Court 1594) as under:-

(2.) This decision of their Lordships of the Supreme Court has been followed by Rajasthan High Court in Ujagar Singh Vs. State of Rajasthan (1983 RLR 48).

(3.) On the face of these decisions, it appears that either the learned counsel, appearing in the case, did not bring the law to the knowledge of the learned Sessions Judge or that. He himself was unmindful of the some obviously the rider erroneous. In these circumstances the petition is allowed and the condition that the sureties should be local from Bhawani Mandi is quashed. The Munsif Magistrate, Bhawani Mandi to whose satisfaction the bail has been granted shall only see the solvency of the bond. Petition allowed.