Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1986 Supreme(Raj) 321

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Dwarka Prasad Gupta, J.
Vinod Kumar - Appellant
Versus
Central Bearue of Investigation - Respondent
S.B. Criminal Misc. Petition No. 15 of 1986.
Decided On : 8-01-1986

For the Petitioner:Dinesh Swami and B.K. Sharma, Advocates.
For the Respondent: S.P. Tyagi, Public Prosecutor on behalf of C.B.I.

The court emphasized that the requirement of furnishing an undertaking as a condition for granting bail was unnecessary and modified the bail conditions accordingly.

Headnote:
Undertaking - Bail Conditions - The court modified the bail conditions by deleting the requirement of furnishing an undertaking and instead granted bail upon the petitioners furnishing a personal bond and surety.
Fact of the Case:

The petitioners had already given an undertaking, but the learned Special Judge directed them to give a further undertaking as a condition for granting bail.
Finding of the Court:

The court found that the learned Special Judge should not have directed the petitioners to give any further undertaking as they had already produced one.
Issues: The issue was whether the learned Special Judge's requirement of furnishing a further undertaking as a condition for granting bail was justified.
Ratio Decidendi: The court modified the bail conditions, emphasizing that the requirement of furnishing an undertaking was unnecessary and instead granted bail upon the petitioners furnishing a personal bond and surety.
Final Decision: The court modified the order by deleting the condition of furnishing an undertaking and granted bail upon the petitioners furnishing a personal bond and surety.

JUDGMENT

1. - I have heard learned Counsel for the petitioners and the learned Counsel appearing for the CBI.

2. As the petitioners have already given an under-taking, the learned Special Judge, CBI Cases, Jaipur should not have directed, the petitioners to give any further undertaking and should not have made the furnishing of undertaking as a condition for granting bail. The learned Judge has already noticed the fact in his order dated October 24, 1985 that the petitioners have produced an undertaking, which may be kept on record.

3. The order passed by the learned Special Judge dated October 24, 1985 is modified to the extent that the condition of furnishing an undertaking as deleted. The bail shall be considered to have been granted to the petitioners on each one of them furnishing a personal bond in the sum of Rs. 50,000/- and furnishing a surety in the like amount.

4. The application Under Section 482, Criminal Procedure Code is disposed of accordingly.Order accordingly.

*******

Click Here to Read the rest of this document

1986 Supreme(Raj) 321

RAJASTHAN HIGH COURT AT JAIPUR BENCHDwarka Prasad Gupta, J.Vinod Kumar - AppellantVersusCentral Bearue of Investigation - RespondentS.B. Criminal Misc. Petition No. 15 of 1986.Decided On : 8-01-1986

The court emphasized that the requirement of furnishing an undertaking as a condition for granting bail was unnecessary and modified the bail conditions accordingly.

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Dwarka Prasad Gupta, J.
Vinod Kumar - Appellant
Versus
Central Bearue of Investigation - Respondent
S.B. Criminal Misc. Petition No. 15 of 1986.
Decided On : 8-01-1986