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1993 6 CriR(Ori) 594 ; 1993 2 OLR 452 ; 1993 0 Supreme(Ori) 42

High Court Of Orissa
D. P. Mohapatra
STATE OF ORISSA - Respondent
Cri Misc. Case 618  Of  1993
Decided On : 05/10/1993

Criminal Procedure Code, 1973 - Section 439(1), 440(2) & 445 - Bail order with cash security & two sureties with certain conditions passed - Though it cannot be said that the Magistrate has no jurisdiction at all to require a person to furnish cash security as a condition for bail, such a condition is harsh, oppressive and virtually amounting to denial of bail Merely because the petitioners are alleged to have been involved in other criminal cases and had violated conditions in the bail order, that is cot sufficient to insist on furnishing cash security.(Para 10)

       Result: Petitions allowed.


Act Referred :
CRIMINAL PROCEDURE CODE : S.445, S.439(1), S.440(2)

Cases Referred:
Referred to : State of Mysore v. H. Venkatarama, 1968 0 CrLJ 696 - Referred
Krishna Kumar and Ors. v. State of Karnataka, 1979 29 ILR 1828 - Referred
Afsar Khan v. State, 1992 0 CrLJ 1676 - Referred
Gokal Das v. State of Assam, 1981 0 CrLJ 229 - Referred
Keshab Narayan Banerjee and Anr. v. State of Bihar, AIR 1985 SC 1666 - Referred
Hussainara Khatoon v. State of Biharl, AIR 1979 SC 1360 - Referred

Advocates Appeared :


( 1 ) IN both the cases the accused persons have filed applications under section 439 (1) (b) read with section 440 (2) of the Code of Criminal Procedure assailing the condition in the bail orders to furnish cash security. Since a common question is raised in both the cases and as the orders passed by the Courts below show that similar consideration were made by the learned Magistrate and by the learned Sessions Judge while insisting on cash security, the cases were taken up together with consent of learned counsel for the parties and they are being disposed of by this order.

( 2 ) BOTH the Criminal Misc. Cases arise from Lahunipada P. S. Case No 12 of 1993 which corresponds to G. R. Case No 320f 1993 pending in the Court of the Sub-divisional Judicial Magistrate, Bonal in which the petitioners are alleged to have committed offences punishable under section 143/341/294/336/506 I. P. C.

( 3 ) AS stated in the application filed under Sec. 439 (1) read with section 440 (2) Cr. P. C. (Criminal Misc. Case NO 617/93) the gist of the allegations made in the First Information Report lodged by one D. K. Bhargav of Jindal Strips Ltd. Tensa is to the effect that on 30. 1. 1993 at 7. 30 a. m. when labourers were engaged in loading 20 boxes of wagons at railway siding of Barsuan Railway Station, the petitioner along with 15 others asked them to stop the loading and on their refusal they dragged the operators, abused them in filthy language and broke the glass of the loaders. On getting the said report the police registered the aforementioned case. Investigation is continuing.

( 4 ) ON consideration of the application filed by the petitioner for bail, the learned Magistrate by his order dated 20th of March, 1993 directed his release on bail on furnishing cash security of Rs. 5,000/- in the Nizarat of the Court with two sureties each for the like amount of Rs. 10,000/with the further conditions that one of the sureties should be a local man and that the petitioner shall appear before the Sub- Inspector of Tensa on each Saturday at 5 p. m. shall not indulge himself in any anti-social activities; shall not dissuade the witnesses from speaking the truth; and shall not go outside the jurisdiction of Bonai Subdivision without permission of the Court till disposal of the case. As the discussions in the order reveal, the learned Magistrate felt inclined to insist on cash security on the ground that the petitioner is involved in some other criminal case (Lahunipada P. S. Case No 42 dated 18. 8. 1990 and Lahunipada P. S. Case No 95 dated 7. 12. 1992) and that he violated the conditions in the bail order in GR Case No 275/92. He also took into account the fact that the petitioner is a rowdy, hooligan and menance to the society and is creating panic amongst the labourers and mine owners at Koida, Tensa and Barsuan.

( 5 ) SIMILARLY the petitioners in Criminal Misc. Case No 618 of 1993 were granted bail by order dated 18. 2. 1993 of the learned Magistrate on furnish cash security of Rs. 20,000/- each with one local surety for the like amount. Being aggrieved by the said order, the petitioners filed application under section 439 (1) (b) read with section 440 (2) Cr. P. C. in the court of Sessions Judge, Sundargarh (Criminal Misc. Case No 42 of 1993) in which the learned Sessions Judge by his order dated 4. 3. 1993 modified the bail order passed by the learned Magistrate and directed that the petitioners shall be released on bail of Rs. 10,000/with two sureties each fo

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