V.S. Dave, J. - (1.) The petitioners have approached this Court against the rider placed by the learned Sessions Judge, Jhalawar to the extent that accused should be from Bhawani Mandi and then alone the accused shall be released on bail. The petitioners challenge is that there is no such law by which such conditions can be imposed and the court is only concerned with the solvency of the sureties and not their place of residence. It has been held several times that order could not be passed so as to nullify the effect of the same. The persons staving in district Nagaur who have no relations or acquaintances in Bhawani Mandi obviously can get the sureties either by payment of Money or through somebodys influence who on the contrary would not be the voluntary surety as contemplated by law. His Lordship Hon'ble Mr. Justice Krishna Ayeer held in the case of Moti Ram and others v. State of Madhya Pradesh, (AIR 1971 supreme Court 1594) as under:- "To add insult to injury, the magistrate has demanded sureties from his own district; (We assume the allegation in the petition). What is a analysis, Kannadiga. Tamil or misappropriation or theft or criminal trespass in Sastar, Port Blair, Pabalgam or Chandni Chowk ? He cannot have sureties owning properties in these distant places, He may not know any one there and might have come in a batch or to seek a job or in a morcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non-regional language applications ? What law prescribes the geographical discrimination implicit in asking for sureties from the court district ? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Article 14 protects all Indians qua Indians within the territory of of India. Article 350 sanctions representation to any authority, including a court, for redress of grievances in any language used in the Union of India Equality before the law implies that even a vakalat or affirmation made in any State language according to the law in that State must be accepted every where in the territory of India save where a valid legislation to the contrary exists Otherwise, an adivasi will be unfree in Free India, and likewise many other minorities. This divagation has become necessary to still the judicial beginnings, and to inhabit the process of making Indians aliens in their own home land. Swaraj is made of united stuff."
(2.) This decision of their Lordships of the Supreme Court has been followed by Rajasthan High Court in Ujagar Singh v. State of Rajasthan (1983 RLR 48).
(3.) On the face of these decisions, it appears that either the learned counsel, appearing in the case, did not bring the law to the knowledge of the learned Sessions Judge or that. He himself was unmindful of the some obviously the rider erroneous. In these circumstances the petition is allowed and the condition that the sureties should be local from Bhawani Mandi is quashed. The Munsif Magistrate, Bhawani Mandi to whose satisfaction the bail has been granted shall only see the solvency of the bond. Petition allowed.;