Virendra Saran, J. - (1.) Heard learned Counsel for the applicant and Sri Bireshwar Nath, learned Standing Counsel for the C.B.I. The applicant Mayank Bisaria is involved in Case Crime No. 32 (A) of 1996 under Sections 120-B/420 IPC of P.S. C.B.I./S.P.E., Lucknow.
(2.) The applicant was granted bail by learned Special Judge (Ayurvedic Scam matters) Lucknow on 2-7-2001 on the condition that he shall execute a personal bond of Rs. 10,00,000/- (Rupees ten lacs) and two sureties each in the like amount provided that he gave an undertaking that he shall attend the Court on every date of hearing even if the trial is held day-to-day and shall also not leave the State of U.P. without written permission of the Court and he shall give prior intimation to the prosecution as well as the Court about the change of his residential address.
(3.) It is submitted by learned Counsel for the applicant that the sum of Rs. 10 lacs which has been fixed as amount of surety bonds is too excessive and the order of the learned Special Judge amounts to refusal of bail because genuine persons are not willing to come forward and to stand surety for a huge sum of Rs. 10 lacs. They are not willing to risk such a huge amount. On the other hand, learned Counsel for the C.B.I. has pointed out that the amount involved in the offence is huge. That may be so, it is to be borne in mind that there are about 100 accused in the case at hand and the extent of the liability, if any, of the applicant is yet to be fixed at the trial. At any rate fixation of amount of bail bonds is not by way of compensation for the loss suffered on account of the offence. The primary purpose of asking an accused to furnish surety bonds is to secure his presence. Fixation of excessive amount of surety bonds sometimes results in professional sureties coming forward instead of genuine sureties and in a vast majority of cases, the accused may not be able to avail the bail granted to him because normally people will not like to risk their own money for the sake of others. In all cases status of the applicant should also to be looked into. Considering the entire facts and circumstances of the case and the status of the applicant, I am of the view that the surety amount fixed by the learned Special Judge is excessive and ought to be reduced.;