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Ratan @ Ram Ratan Vs. State - Court Judgment

SooperKanoon Citation

Subject

Criminal

Court

Delhi High Court

Decided On

Case Number

Criminal Miscellaneous (Main) Appeal No. 1655 of 1996

Judge

Reported in

II(1996)BC180; 1996(38)DRJ342

Acts

Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Appellant

Ratan @ Ram Ratan

Respondent

State

Advocates:

Siddharth Luthra,; P.K. Dubey and; B.K. Kapoor, Advs

Excerpt:


criminal procedure code 1973 - section 482 r/w 440--modification of amount of bail granted by asj-petition granted bail on furnishing bond in the sum of rs. 5,00,000/-with one surety, modified to 2, sureties of rs. 2.5 lakhs each by asj--petition against--petitioner, a poor tailor, permanent resident of uttar pradesh, not in a position to tender huge amount-held, the amount is too harsh--whole purpose of petitioner being admitted to bail frustrated by the impugned order--condition reduced to 2 sureties of rs. 20,000/- each. - - 5,00,000.00 with one surety in the like amount to the satisfaction of the court. 5,00,00.00 .(2) this petition has been filed by the petitioner for reduction in the surety amount on the averments that he is a poor tailor, permanent resident of uttar pradesh and he will not be in a position to furnish two sureties of rs. (3) i have heard learned counsel for the parties and i am satisfied that the amount of sureties which the petitioner has been directed to furnish is too harsh and the whole purpose of his being admitted to bail has been frustrated by the said order......the petitioner was admitted to bail on his furnishing a personal bond in the sum of rs. 5,00,000.00 with one surety in the like amount to the satisfaction of the court. on an application having been filed by the petitioner for reducing the surety amount, the court vide order dated 26th february, 1996 directed the petitioner to furnish two sureties of rs. 2,50,000.00 each instead of one surety of rs. 5,00,00.00 .(2) this petition has been filed by the petitioner for reduction in the surety amount on the averments that he is a poor tailor, permanent resident of uttar pradesh and he will not be in a position to furnish two sureties of rs. 2,50,000.00 each and he, thereforee, prays for reduction in the surety amount.(3) i have heard learned counsel for the parties and i am satisfied that the amount of sureties which the petitioner has been directed to furnish is too harsh and the whole purpose of his being admitted to bail has been frustrated by the said order. on a perusal of the record and after hearing learned counsel for the parties, i feel that in the interest of justice, the amount of surely should be reduced. i, thereforee, direct the order of the additional sessions judge.....

Judgment:


S.K. Mahajan, J.

(1) By order dated 12th February, 1996, the petitioner was admitted to bail on his furnishing a personal bond in the sum of Rs. 5,00,000.00 with one surety in the like amount to the satisfaction of the Court. On an application having been filed by the petitioner for reducing the surety amount, the Court vide order dated 26th February, 1996 directed the petitioner to furnish two sureties of Rs. 2,50,000.00 each instead of one surety of Rs. 5,00,00.00 .

(2) This petition has been filed by the petitioner for reduction in the surety amount on the averments that he is a poor tailor, permanent resident of Uttar Pradesh and he will not be in a position to furnish two sureties of Rs. 2,50,000.00 each and he, thereforee, prays for reduction in the surety amount.

(3) I have heard learned counsel for the parties and I am satisfied that the amount of sureties which the petitioner has been directed to furnish is too harsh and the whole purpose of his being admitted to bail has been frustrated by the said order. On a perusal of the record and after hearing learned counsel for the parties, I feel that in the interest of justice, the amount of surely should be reduced. I, thereforee, direct the order of the Additional Sessions Judge to be modified to the extent that the petitioner shall furnish two sureties of Rs. 20.000.00 each.

(4) Petition stands disposed of.


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