- (1.) VIRENDRA Saran, J. Heard learned counsel for the applicant and learned Standing Counsel. The applicant had moved bail application No, 32/92 before the Special C. J. M. , Allahabad.
(2.) THE applicant is involved in a case under Section 104/135 Custom Act, District Gorakhpur. On considering the entire circumstances of the case, the learned Special C J. M. , Allahabad granted bail to the applicant on the condition that the applicant Amir Pajoki will be released on bail on executing two sureties of Rs. 1,00,000/- each and a personal bond in the like amount. One of the sureties was directed in the form of security of documents, and some movable property or in the form of cash and the other surety was to be of an employee or officer of the Iranian Embassy so that surety may be guaranteed by the Iranian Embassy. It was further directed that the Iranian Embassy or the employee or the officer of the Embassy shall be bound to pro duce the applicant in the court. After beaming learned counsel for the applicant I am of the opinion that such conditions amount to refusal of bail and should never be imposed. The order of the learned Special C. J. M , Allahabad is wholly arbitrary and uncalled for. This application is, therefore, allowed and it is directed that the applicant shall be released on bail on his executing a personal bond of Rs. 15,000 and two sureties each in the like amount. Since the petitioner is a foreign national he may deposit Rs. 15,000 in lieu of personal bond. The cash amount under the personal bond shall be returned to the applicant within one week from the date of final decision of the trial in the case, unless the same is forfeited, Application allowed. .;