Full Judgment
B.K. Behera, J.
1. Accused of offences punishable under Sections 279, 537 and 304 read with Section 34 of the Indian Penal Code, each of the two petitioners has been admitted to bail by Mr. S. Misra, the learned Additional Sessions Judge at Jeypore. The petitioners have been required to furnish bail of Rs. 10,000/- each with two local sureties for the like amount to the satisfaction of the Subdivisional Judicial Magistrate, Koraput.
2. I have heard the learned counsel for the petitioners and the learned Standing Counsel, having admitted the application. It has been submitted on behalf of the petitioners that the bail amount with a direction to furnish two local sureties for the like amount has been excessive and is not sustainable and, therefore, modification has been sought.
3. The amount of every bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive. In AIR 1978 S.C, 1594 : Moti Ram and others v. State of Madhya Pradesh, the Supreme Court has observed and held :
'To add insult to injury, the Magistrate has demanded sureties from his own district (we assume the allegation in the petition). What is a Malayalees, Kannadiga, Tamil or Telugu to do if arrested for alleged misappropriation or theft or criminal trespass in Bastar, Port Blair, Pahalgam or Chandni Chowk He cannot have sureties owning properties in these distant places. He may not know any one there and might have come in a batch or to seek a job or in a morcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non-regional language applications What law prescribes the geographical discrimination implicit in asking for sureties from the Court district This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Article 14 protects all Indians quo Indians, within the territory of India. Article 350 sanctions representation to any authority, including a Court, for redress of grievances in any language used in the Union of India. Equality before the law implies that even a vakalat or affirmation made in any State language according to the law in that State must be accepted everywhere in the territory of India save where a valid legislation to the contrary exists. Otherwise, an adivasi will be unfree in Free India, and likewise many other minorities. This divagation has become necessary to still the judicial beginnings, and to inhibit the process of making Indians aliens in their own homeland. Swaraj is made of united stuff.'
4. In my view, the amount of bail in the circumstances of the case has been excessive. The learned Additional Sessions Judge was not justified in directing the petitioners to furnish local sureties for their release on bail.
5. For the foregoing reasons, I would modify the order and direct the release of each of the petitioners on a bail of Rs. 5,000/- (rupees five thousand) with two sureties each for the like amount to the satisfaction of the Subdivisional Judicial Magistrate, Koraput.
6. The Criminal Miscellaneous Case is accordingly allowed.