UMAR FARUQU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Public Prosecutor is directed to accept the notice for State, who accepts the same. Heard learned counsel for the petitioner and the learned Public Prosecutor.

(2.) The petitioner was released on bail under Sec. 439 Crimial P.C. in FIR No. 96/98 under sections 147, 148, 323 and 458 Penal Code by the learned Addl. Sessions Judge, Nagaur, Camp Deedwana, on 9.7.1998. In the said order, the learned Addl. Sessions Judge imposed a condition that this bail shall stand cancelled, if a FIR or complaint is lodged against the petitioner in future. Petitioner has challenged the imposition of the aforesaid condition against him. Learned counsel for the petitioner contended that the aforesaid condition is arbitrary dismissed. unreasonable and without any basis. This condition will give free hand to complainant or any friend of the complainant to lodge a FIR malafide in order to get the bail, granted to the petitioner, cancelled. The learned Addl. Sessions Judge, Nagaur, Camp Deedwana did not state any specific reasons for imposing the said condition.

(3.) Learned P.P contended, supporting the impugned order, that the court has discretion to impose any condition while granting the bail to the petitioner.