This criminal petition sought modification of bail conditions regarding bond amount and sureties for tribally accused persons. The court reduced the bond from Rs.1,00,000/- to Rs.20,000/- each and mandated specific local surety composition.
Bail conditions modified to Rs.20,000/- bond each with one local surety and one from residence.
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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
CRIMINAL PETITION No.10128 of 2016
ORDER :
The present Criminal petition is filed to modify the conditions imposed in Crl.R.P.No.21 of 2016 on the file of the Principal Sessions Judge, Warangal.
By an order dated 08.05.2016 passed in Crl.R.P.No.21 of 2016 the learned Sessions Judge, directed the learned III Additional Judicial Magistrate of First Class, Warangal, to release the petitioners on bail on their executing bonds for Rs.1,00,000/- each with two sureties for a like sum each to the satisfaction of the said Court.
Learned counsel for the petitioners submits that the condition of directing the petitioners to execute a bond for Rs.1,00,000/- with two sureties is on higher side and it is highly impossible for them to get sureties for such a huge amount as they are tribals having meager source of income.
Learned Public Prosecutor opposed the application contending that there is every likelihood of the petitioners evading the process of law as they are residents of Chattisgad and as such condition imposed by the learned Sessions Judge warrants no interference.
Having regard to the facts and circumstances of the case and since the petitioners are tribals, this Court is of the view that the ends of justice would be met if the petitioners are directed to execute a bond for Rs.20,000/- each with two sureties for a like sum each to the satisfaction of the III Additional Judicial Magistrate of first Class, Warangal. Out of two sureties, one surety must be local surety and one surety from the place of residence of the petitioners. The other
conditions shall remain un-altered.
Accordingly, the Criminal Petition is disposed of.
JUSTICE C. PRAVEEN KUMAR
20.07.2016 gkv
2 issues framed by the court
Whether bail conditions imposed in Crl.R.P.No.21 of 2016 regarding bond amount and sureties required for petitioners who are tribals may be modified to meet the ends of justice.
Whether the requirement of two sureties for Rs.1,00,000/- each is appropriate for tribals who are likely to be unable to procure such sureties.
Petitioners
State
C. PRAVEEN KUMAR
As recorded by the court registry
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