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1994 Supreme(Ori) 53

ARIJIT PASAYAT
ANWAR HUSSAIN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.Acharya, P.P.Dhal

ARIJIT PASAYAT, J.


( 1 ) LABELLING conditions imposed by the learned Judicial Magistrate, first class, Jaleswar while disposing of petitioner's application for bail to be unreasonable, and virtually denial of right to get bail this application has been filed.

( 2 ) ON the accusations of having committed offence punishable under Section 47 of the Bihar and Orissa Excise Act, 1915 (in short, the 'act') petitioner was arrested. He moved for bail before learned Judicial Magistrate, first class, Jaleswar. Learned Magistrate observed that alleged offence was bailable in nature. Petitioner was directed to be released on bail of Rs. 2,000. 00 with one surety for the like amount and to deposit cash security of Rs. 2,000. 00 since, according to learned Magistrate, there was likelihood of his absconding. Petitioner undisputedly has deposited the amount but has prayed for variation of the conditions. It is submitted by the learned counsel for petitioner that the offence being bailable, and there being no material for the presumptive conclusion of the learned Judicial Magistrate that the petitioner was likely to abscond, direction for furnishing cash security of Rs. 2000. 00 is unreasonable. T







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