Courts may impose strict conditions for bail, especially in cases where the petitioner has a history of jumping bail and causing a protracted trial.

Headnote:
Bail - Conditions - Misuse of Indulgence - Indian Penal Code - Summary
Fact of the Case:

The petitioner had jumped bail twice, leading to a protracted trial. He was facing charges under Sections 147, 325 of the Indian Penal Code, which are bailable.
Finding of the Court:

The court allowed the petition for bail with the condition that the petitioner shall not absent himself and will not misuse the indulgence granted by the court. The petitioner was ordered to execute a personal bond and furnish sureties to ensure his appearance before the court on each date of hearing.
Issues: Misuse of bail, protracted trial
Ratio Decidendi: The court considered the petitioner's past behavior of jumping bail and the impact on the trial, leading to the imposition of strict conditions for bail.
Final Decision: The petitioner, Lal Chand, was granted bail with the condition of executing a personal bond and furnishing sureties to ensure his appearance before the court on each date of hearing.

JUDGMENT

1. - Heard.

2. Perused the relevant record.

3. Learned counsel for the petitioner submits that in future the petitioner shall not absent himself and will not misuse the indulgence granted by the court by allowing him to grant on bail. It is true that in this case the petitioner has jumped bail on 28.5.85 and thereafter on 13.7.88 with the result that the trial of the court was protracted for about five years. Petitioner is facing charges punishable under Sections 147, 325 Indian Penal Code which are bailable. Therefore, keeping in view the facts and circumstances of the case as well as the specific assurance given by the learned counsel for the petitioner, I, allow this petition and order that petitioner Lal Chand shall be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (ten thousand) and furnishing two sound and substantial sureties in the amount of Rs. 5000/- each to the satisfaction of the learned Additional Munsif and Judicial Magistrate, No. 2 Bikarner with the stipulation to appear before that court on each and every date of hearing and whenever ordered to do so till the completion of the trial.

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Judicial Analysis

1993 Supreme(Raj) 577

RAJASTHAN HIGH COURTRajendra Saxena, J.Lal Chand - AppellantVersusState of Rajasthan - RespondentS.B. Cri. Misc. Bail Appl. No. 1102 of 1993.Decided On : 29-06-1993

Courts may impose strict conditions for bail, especially in cases where the petitioner has a history of jumping bail and causing a protracted trial.

Judicial Analysis

RAJASTHAN HIGH COURT
Rajendra Saxena, J.
Lal Chand - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cri. Misc. Bail Appl. No. 1102 of 1993.
Decided On : 29-06-1993