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Ratan @ Ram Ratan Vs. State

Ratan @ Ram Ratan vs State

Type Court Judgment Court Delhi Decided Jul 30, 1996
~2 min read
https://sooperkanoon.com/case/697692

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Criminal Miscellaneous (Main) Appeal No. 1655 of 1996
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

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 Prades...

Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Parties & Advocates

Appellant / Petitioner

Ratan @ Ram Ratan

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

Respondent

State

Legal References

Reported In
II(1996)BC180; 1996(38)DRJ342

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.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.

Full 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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