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MOTI RAM & ORS. vs. STATE OF M.P.

SCR Citation: [1979] 1 S.C.R. 335
Year/Volume: 1979/ Volume 1
Date of Judgment: 24 August 1978
Petitioner: MOTI RAM & ORS.
Disposal Nature: Petition Allowed
Neutral Citation: 1978 INSC 143
Judgment Delivered by: N/A
Respondent: STATE OF M.P.
Case Type: CRIMINAL APPEAL /1649/1978
Order/Judgment: Order
1. Headnote

Bail jurisprudence - Enlargement on bail with or without sureties - Scope of Ss. 440(1), 441, 445 read with s. 389(1) of the Code of Criminal Procedure, 1973 -Criteria to guide in quantifying the amount of bail and acceptance of surety whose estate is situate in a different district or State, explained.

Pursuant to the directions of the Supreme Court for releasing the petitioner-appellant "on bail to the satisfaction of the Chief Judicial Magistrate," the Magistrate ordered that a surety in a sum of Rs. 10,000/- be produced. When the petitioner produced one, the magistrate made an odd order refusing to accept the suretyship of the petitioner's brother because he and his assets were in another district. Frustrated by magisterial intransigence the prisoner moved this Court again to modify the original order "to the extent that the petitioner be released on furnishing surety to the tune of Rs. 2,000 /- or on executing a personal bond or pass any other order or direction as this Hon'ble Court may deem fit and proper". Directing the Magistrate to release the petitioner on his own bond in a sum of Rs. 1,000 /- the Court.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Constitution Of India
4. Keyword
  • Code of Criminal Procedure
  • 1973
  • Sections. 440(1)
  • 441
  • 445