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1984 Supreme(SC) 168

SUPREME COURT OF INDIA
E.S.Venkataramiah
Keshab Narayan Banerjee
Versus
State Of Bihar
Case No. : 248 of 1984
Date of Decision : 7/11/84

Headnote:

Constitution of India,1950 - Special Leave – Modified – Anticipatory bail - Excessively onerous - Condition imposed by High court for enlarging appellant No - 1 on bail that he should furnish security for rupees one lakh in cash or in fixed deposit of any nationalised bank in Bihar with two sureties residing in State of Bihar each for a like amount appears to be excessively onerous - In circumstances of this case it virtually amounts to denial of bail itself – Held, It is therefore ordered that appellant No - 1 shall be enlarged on bail on his furnishing a bail bond for amount with two sureties each for like amount to satisfaction of learned Special Judge - learned Special Judge need not insist that appellants should produce sureties who are residing in Bihar only - Order Accordingly

ORDER

(1) SPECIAL Leave granted. Mr. Goburdhan takes notice on behalf of the State of Bihar.

(2) HEARD counsel for the parties. The condition imposed by the High court for enlarging Keshab Narayan Banerjee, appellant No. 1 on bail, namely, that he should, furnish security for rupees one lakh in cash or in fixed deposit of any nationalised bank in Bihar with two sureties residing in the State of Bihar each for a like amount appears to be excessively onerous. In the circumstances of this case, it virtually amounts to denial of bail itself. It is, therefore, ordered that appellant No. 1 shall be enlarged on bail on his furnishing a bail bond for Rs. 25,000.00 with two sureties each for the like amount to the satisfaction of the learned Special Judge. The learned Special Judge need not insist that the appellants should produce sureties who are residing in Bihar only. The order of the High court shall stand modified accordingly.

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