Madhya Pradesh High Court
Omkar vs The State Of Madhya Pradesh on 20 December, 2014
M.Cr.C. No.19327 / 2 0 1 4
20.12.2014
Shri K.K. Kushwaha, Advocate for the applicant.
Shri Vijay Kumar Pandey, Panel Lawyer for the
respondent /State.
This petition is filed by the applicant under the provisions of Section 440 of the Code of Criminal Procedure, 1973, hereinafter as Code, for reduction modification of conditions imposed vide Order dated 07.11.2014 by learned 2 nd Additional Sessions Judge, Piparia, while granting bail to the applicant.
The applicant was arrested on 03.11.2014 in connection with Crime No.86 /40 / 1 4, registered by PS- GRP, Piparia for offence punishable under Section 379 of IPC.
The applicant filed a bail application which was considered on its merit and allowed by the learned Additional Sessions Judge with the following conditional directions order:-
" izdj.k ,oa dsl Mk;jh dk voyksdu fd;k x;kA dsl Mk;jh ds voyksdu ls ;g izdV gksrk gS fd vkjksih dks fnukad 03-11-2014 dks fxjQ~rkj dj fy;k gSA izdj.k eftLVªsV }kjk fopkj.k gSA ,slh fLFkfr esa ;fn vkjksih lacaf/kr eftLVªsV ds le> :Ik;s 20]000&20]000 dh nks le> LFkkuh; tekurs is'k djsa] ftudh +_.k iqfLrdkvksa esa igys ls dksbZ tekur rLnhd u dh x;h gks ,oa mDr _.k iqfLrdk,Wa de ls de 5&5 ,dM+ dh gksA ,r~n }kjk tekur vkosnu ij Lohdkj fd;k tkrk gSA"
Two local solvent sureties of Rs.20,000 / - through the Rin Pustika in which previously no bail was granted /fu rnished and the book holder must possess about 5-5 acres of land.
Having heard learned counsel for the applicant as well as learned Panel Lawyer, Section 440 of the Code lays down as under:-
(1) The amount of every bond executed under the Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
The object for imposing condition while granting bail is primarily to see that the accused is readily available for trial. It is also indubitable that the condition for granting bail should not be so excessively onerous as to amount to denial of right of a citizen guaranteed by the Constitution.
Mandate of this Section is to impose reasonable conditions, not so harsh conditions so the applicant would be unable to fulfill such conditions. To impose harsh conditions for furnishing surety is amount to denial of the bail application.
While granting the bail the Courts will keep in mind the need for liberal interpretation in areas of social justice, individual freedom and indigent's rights, and the accuse can be released on his own bond, with or without sureties. When sureties should be demanded and what sum should be insisted on are dependent on variables.
As a result, the applicant detained in the custody for want of not furnishing bail bonds, contrary to his cherished fundamental rights i.e. right to life and personal liberty as guarantee under Article 21 of the Constitution of India from date of order of the learned trial Court till today.
In view of aforesaid, it is directed that applicant Omkar shall be released on bail on his furnishing a personal bond in a sum of Rs.20,000 / - (Rs. Twenty Thousand only) with one surety to the satisfaction of the committal Court / t r ial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
With the aforesaid modification in the impugned order dated 07.11.2014, this application stands disposed of.
Certified copy as per rules.
(SUBHASH KAKADE) JUDGE ak /