Gauhati High Court
Srinjay Kumar Singh vs State Of Nagaland on 7 June, 2007
Equivalent citations: 2007(3)GLT1030
Author: K. Meruno
Bench: K. Meruno
ORDER K. Meruno, J.
1. I have heard Mr. B.K. Mahajan, learned Counsel appearing for the petitioner as well as Mr. N.M. Jamir, learned Public Prosecutor for the State.
2. This revision application has been filed against the order dated 28.2.07, passed in GR. No. 404/06, corresponding to Dimapur (E) PS Case No. 136/06, under Section 471/120B IPC. The grievance of the petitioner in this revision application is the rider that was put as a condition while granting bail to the accused on 28.2.07. The relevant portion reads as follows: "furnish a surety from a permanent resident of Dimapur having immovable properties." The learned Counsel for the petitioner submits that the accused was arrested on 6.11.06 from Chittaranjan in the District of Burdwan, West Bengal and brought to Dimapur. The accused being a resident in the State of West Bengal, he is not in a position to furnish surety from a permanent dent of Dimapur having immovable properties and as such, this condition imposed amounts to denial of bail. The learned Counsel further submits with due respect that the court below has granted the bail but has imposed such a condition, which is impossible for the accused to furnish and as such, he is prays that the said rider of furnishing surety from a permanent resident of Dimapur having immovable properties may be modified with other conditions and also for deposit of cash amount in lieu of surety as provided under Section 445 Cr.P.C. The further submission is that the accused maybe enlarged on bail with condition that the accused would report before the O/C Burdwan Police Station in West Bengal or before the Deputy Residential Commissioner, Nagaland House, Kolkata, every week.
3. The learned Public Prosecutor submits that as directed by this Court on 25.5.07, he has received instruction from the ADC (J), Dimapur that number of cases involving criminals from outside the State are granted bail and never appeared before the Court after obtaining bail and for which numerous cases are pending for appearance of the accused persons and therefore, prays that in case this vision petition is allowed, certain conditions may be imposed to secure the attendance of the accused before the Court below. He further submits that he is in agreement with the submission of the learned Counsel for the petitioner and that directions may be issued that the accused shall appear before the Deputy Residential Commissioner, Nagaland House, Kolkata once every week and a report to that effect be submitted to Superintendent of Police Dimapur.
4. After hearing the counsel for the parties at length and upon perusal of the bail order dated 28.2.07,1 am of the considered opinion that the rider to furnish surety from a permanent resident of Dimapur having immovable properties is too harsh as the accused is not a resident of Dimapur and it is not possible for him to obtain such a surety being a resident of Chittaranjan in the District of Burdwan, West Bengal and also the rider to furnish local surety is tended to defeat the very order of bail.
4.1 The learned Counsel for the petitioner has relied upon the decisions of the Apex Court as , in the case of Moti Ram and Ors. v. State of Madhya Pradesh as well as the decision of the Hon'ble Gauhati High Court in the case of Amit Kr. Jain v. State of Nagaland as reported in (2005) 2 GLT 161.
5. Considering the decisions rendered by the Apex Court and also on this Court, I am of the considered opinion that the order granting bail dated 28.2.07 needs to be modified to the extent that instead of furnishing surety from a permanent resident of Dimapur having immovable properties, the accused be allowed to deposit cash surety or bank surety to such an amount as may deem fit and proper and to the satisfaction of the ADC (J), Dimapur, as provided under Section 445 Cr.P.C. It is also directed that the Court below while passing fresh modified order of bail dated 28.2.07 shall also impose condition that the accused shall report once a week before the Deputy Residential Commissioner, Nagaland House, Kolkata and upon reporting, the DRC, Nagaland House, Kolkata shall submits a report to the Superintendent of Police, Dimapur.
6. With the above directions this revision petition is allowed to the extent indicated above and accordingly stands disposed of.