DASHRATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed by the petitioner Dashrath Singh against the order dated 19.1.2009 passed by the learned Additional District and Sessions Judge, Beawar, whereby he has imposed a condition of furnishing local sureties, while enlarging the accused-petitioner on bail. The petitioner is an accused in FIR No. 11/99, registered at Police Station Vijay Nagar, District Ajmer for the offence under Sections 457 and 380 IPC.

(2.) The father of the petitioner, namely Hari Singh, who is present in person submits that he is a poor man and is a resident of district Tonk. He is unable to furnish local sureties in compliance of the order impugned, passed by the Court below.

(3.) I have taken into consideration the facts of the case and also perused the order impugned passed by the learned court below. It is a settled principle of law that a condition of furnishing local sureties should not be imposed except in extra-ordinary circumstances. In the instant case, the alleged offence also does not appear to be that grave so as to warrant furnishing of local sureties, to ensure the presence of the accused-petitioner at the dates of hearing. It is the consistent view of the Hon'ble Apex Court, laid down in the case of Moti Ram & Ors. vs. State of Madhya Pradesh, reported in AIR 1978 SC 1594 that condition of local sureties cannot be sustained. The Hon'ble Court had held as under:-