Court No. - 42 Case :- APPLICATION U/S 482 No. - 32969 of 2009 Petitioner :- Khurshid Ahmad Respondent :- State Of U.P. Petitioner Counsel :- I.M. Khan Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
This application under section 482 has been filed making a prayer that the
conditions imposed by the learned Sessions Judge, Sant Kabir Nagar while
granting bail to the applicant on 26.11.2009 may be set aside.
I have heard the learned counsel for the applicant as well as learned AGA and
perused the order dated 26.11.2009 passed by the Sessions Judge, Sant Kabir
Nagar. While granting bail, the Sessions Judge has ordered the during that
period the applicant is on bail he will not pressurise the complainant or any
other witness, he will not go out of the jurisdiction of the Chief Judicial
Magistrate, Sant Kabir Nagar without the permission of the court, he will not
commit any crime during the investigation and trial of the case and he will not
harass the victim of the case.
Learned counsel for the applicant argued that the condition that the applicant
shall not go beyond the jurisdiction of the court of Chief Judicial Magistrate,
Sant Kabir Nagar, is onerous as the applicant will be deprived from going out
of the jurisdiction to earn his livelihood. Learned counsel for the applicant
further tried to argue that the conditions may be imposed under section 437
sub clause 3 of the Code of Criminal Procedure in a case, in which the
punishment is upto seven years or more.
I considered over the arguments and I feel that it is misplaced. Sub clause 3 of
section 437 Cr.P.C. lays down that the imposition of the condition as
mentioned in Clause-a,b,c of sub clause 3 of section 437 are mandatory where
the offence is such in which the punishment is upto seven years or more. It
does not mean that the court cannot impose any condition in other cases .
Moreover, section 439 empowers the Sessions Judge to impose any condition
while granting bail to the accused.
In these circumstances, this argument cannot be accepted that the Sessions
Judge ought not to have imposed any condition while granting bail. The
argument in this regard is repelled.
So far as the condition that he will not go beyond the jurisdiction of the Chief
Judicial Magistrate, without the permission of the court is concerned, I feel
that the condition is onerous as the applicant will not be able to go out of the
jurisdiction of the court to earn his livelihood and on every occasions he
wishes to go beyond the jurisdiction of the court he will be required to take
permission.
The bail order dated 26.11.2009 is modified to this extent that the condition
that applicant shall not go beyond the jurisdiction of the Chief Judicial
Magistrate, Sant Kabir Nagar without the permission of the court, will not
read in the bail order of the sessions court.
The present application is finally disposed of.
Order Date :- 19.1.2010
Salim