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1986 JTR(Raj) 610
1986 CriLR 611 ; 1986 2 WLN 713

RAJASTHAN HIGH COURT
S.S.Byas, J.
Parvez Khan - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 192 of 1986.
Decided On : 5-08-1986

Imposition of conditions on bail should be in line with legal principles and precedents.

Condition - Bail - Imposition of local Sureties

Fact of the Case:

The accused petitioner was released on bail with the condition that the Sureties must be the local residents of the Jalore City or the resident of the District of Jalore.

Finding of the Court:

The court found that the condition imposed by the learned Sessions Judge regarding the Sureties was not correct, citing observations made by the Supreme Court in a similar case.

Issues: Imposition of condition on bail regarding the Sureties

Ratio Decidendi: The court set aside the condition regarding the Sureties, maintaining the grant of bail to the accused petitioner.

Final Decision: The condition regarding the Sureties was set aside, while the grant of bail to the accused petitioner was maintained.

JUDGMENT

1. - Perused the impugned order of the learned Sessions Judge, Jalore by which the accused petitioner was released on bail with the condition that the Sureties must be the local residents of the Jalore City or the resident of the District of Jalore. The grievance of the petitioner is that the aforesaid condition cannot be imposed while passing the order to release the accused petitioner on bail. The submission is proper in view of the observations made by their Lordships of the Supreme Court in Moti Ramand ors.v. State of Madhya Pradesh . The learned Sessions Judge was not correct in imposing the condition that the Sureties should be either the local persons or the residents of the District of Jalore.

2. The aforesaid condition is set aside. The other part of the order, granting bail to the accused petitioner shall remain as it is and is maintained.Condition set aside.

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