Abdul Gaffar vs State of U.P. and Others

Bhagwan Din, J.—The applicant, Abdul Gaffar is an accused in Crime No. 876 of 1998 u/s 406, I.P.C. He surrendered in the Court and applied for bail. The learned Sessions Judge granted him bail and directed to be released on his furnishing personal bond in the sum of Rs. 30,000 and two sureties in the like amount to the satisfaction of the Magistrate concerned. He also required the applicant to furnish bank guarantee of Rs. 30,000. The applicant has, therefore, filed this application u/s 482, Code of Criminal Procedure for modification of the order as far relates to the furnishing of bank guarantee.

Heard Sri K.P. Singh, learned Counsel appearing for the applicant and the learned A.G.A.

Sub-section (3) of Section 437, Code of Criminal Procedure provides that the Court may impose any condition which the Court considers while releasing an accused on bail. Under Sub-section (1) of Section 437, Code of Criminal Procedure The conditions which can De imposed are that the accused shall attend the Court in accordance with the conditions of the bond executed under this chapter or in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of commission of which he is suspected or otherwise in the interest of justice.

Requiring the accused to furnish bank guarantee together with surety bonds is not among the conditions supposed to be imposed under Sub-section (3) of Section 437, Code of Criminal Procedure Once the Sessions Judge has required the accused to furnish surety bonds in the heavy amount, he should not require further to file bank guarantee to impose a financial burden on the accused. The purpose of requiring the accused to furnish the surety bonds is to ensure his attendance in the Court and not to penalise him by directing him to furnish bank guarantee.

Therefore, the application is allowed. The order dated 17.2.1999 is modified by deleting the bank guarantee of Rs. 30,000. The applicant shall be released on his furnishing personal bond of Rs. 30.000 and two sureties in the like amount to the satisfaction of the Magistrate concerned as already has been ordered by the Sessions Judge.