- (1.) A notice was given to the learned P. P. who has accepted the same.
(2.) HEARD. Perused the impugned order dated 30/1/93 passed toy the learned Sessions Judge, Jaisalmer in Cr. Regular Case no. 524 of 1992, whereby he accepted petitioner's application keeping in view the provisions of Section 167 (2) Cr. P. C. but imposed the following conditions : - (i) that the petitioner shall produce two sureties for an amount of Rs. 50000/- each, who possess property worth more than Rs. 2 lacs each in Jaisalmer District and who are permanent residents of Jaisalmer District and have ration cards in their own name. (ii) that the sureties shall produce the certificate of the concerned S. D. O. who has personal knowledge about their solvency and permanent residence; (iii) that the petitioner shall attend the Police Station, Nachna every fortnight after his release on bail and shall get his attendance marked in the said Police Station; and (iv) that the petitioner shall execute his personal bond for an amount of Rs. 1 lac to the satisfaction of learned C. J. M. , Jaisalmer. Aggrieved by these conditions, petitioner in the first instance, filed an application under Sec. 482 Cr. P. C, which was registered as Criminal Misc. Petition No. 195 of 93 in this Court but subsequently the same came to be dismissed vide order dated 27. 5. 93 as having been not pressed. The petitioner has now filed this petition under Sec. 439 (1) (d) Cr. P. C. for modifying/setting aside the condition No. (ii) in particular, whereby it has been directed that the S. D. O. issuing the certificate about the residence and solvency of the sureties, should personally know them. The main contention of Mr. Khatri is that while imposing the said condition, the learned Sessions Judge has imposed a very harsh condition i. e. condition No. (ii), which is very difficult to fulfill, because it is not expected of the S. D. O. concerned to personally know the sureties with the result that the petitioner has been virtually precluded from enjoying the benefit of the impugned order dt. 30/1/93 by which his bail has been granted. Mr. Kawadia, learned P. P. has contended that the petitioner is a Pak National and, as such, to ensure his regular attendance in the Court, the learned Sessions Judge was empowered to put such condition. He has, thus, tried to justify the impugned order.
(3.) IT is true that the petitioner being a Pak National, the learned Sessions Judge was justified in imposing necessary conditions to ensure that the petitioner does not abscond and that he regularly attends the Court during trial. The amounts of the personal bond and the surety bonds do not appear to me to be excessive. The condition that sureties must be permanent residents of Jaisalmer district having their names entered in the ration cards, is also quite fair and proper. But the condition No. (ii), whereby it has been directed that the sureties should submit the certificate from the S. D. O. concerned, who has personal knowledge about their permanent residence and solvency, does not appear to me fair, proper and justified, because the concerned S. D. O. is not expected to personally know about the permanent residence, financial status or the solvency of persons residing within his jurisdiction and who are willing to stand sureties for an accused person. As a matter of fact, such certificates are issued by the Magistrate on the basis of some evidence, documentary or oral, or on the basis of verification made by the Tehsildar concerned or any other respectable person of locality. Therefore, in the interest of justice, it is necessary to modify the impugned condition No. (ii) mentioned ad ultra. In the result, I partly allow this petition filed u/s. 439 (1) (d) Cr. P. C. and modify the impugned order dt. 30/1/93 of the learned Sessions Judge, Jaisalmer to the extent that the sureties will be required to submit a certificate of the concerned S. D. O. about their permanent residence and financial status/solvency and that it is not necessary for the S. D. O. to personally know the sureties or to have personal knowledge about their solvency. .;