Parvez Khan Vs. State of Rajasthan

criminal procedure code - section 439--bail condition that sureties should be local residents held, condition is not proper followed moti ram v. state of m.p. air 1978 sc 1594;condition set aside - shyam sunder byas, j.1. perused the impugned order of the learned sessions judge, jalore by which the accused petitioner was released on bail with the condition that the sureties must be the local residents of the jalore city or the resident of the district of jalore. the grievance of the petitioner is that the aforesaid condition cannot be imposed while passing the order to release the accused petitioner on bail. the submission is proper in view of the observations made by their lordships of the supreme court in moti ramand ors.v. state of madhya pradesh : 1978 crilj1693 . the learned sessions judge was not correct in imposing the condition that the sureties should be either the local persons or the residents of the district of jalore.2. the aforesaid condition is set aside. the other part of the order, granting bail to the accused petitioner shall remain as it is and is maintained.