- (1.)I have heard Mr. B. K. Mahajan, learned counsel appearing for the petitioner as well as Mr. N. M. Jamir, learned Public Prosecutor for the State.
(2.)THIS revision application has been filed against the order dated 28. 2. 07, passed in G. R. No. 404/06, corresponding to Dimapur (E) PS Case No. 136/06, under Section 471/120b IPC. The grievance of the petitioner in this revision application is the rider that was put as a condition while granting bail to the accused on 28. 2. 07. The relevant portion reads as follows : "furnish a surety from a permanent resident of Dimapur having immovable properties. " The learned counsel for the petitioner submits that the accused was arrested on 6. 11. 06 from Chittaranjan in the District of Burdwan, West Bengal and brought to Dimapur. The accused being a resident in the State of West Bengal, he is not in a position to furnish surety from a permanent resident of Dimapur having immovable properties and as such, this condition imposed amounts to denial of bail. The learned counsel further submits with due respect that the court below has granted the bail but has imposed such a condition, which is impossible for the accused to furnish and as such, he is prays that the said rider of furnishing surety from a permanent resident of Dimapur having immovable properties may be modified with other conditions and also for deposit of cash amount in lieu of surety as provided under Section 445 Crpc. The further submission is that the accused may be enlarged on bail with condition that the accused would report before the O/c Burdwan Police Station in West Bengal or before the Deputy Residential Commissioner, Nagaland House, Kolkata, every week.
(3.)THE learned Public Prosecutor submits that as directed by this court on 25. 5. 07, he has received instruction from the ADC (J), Dimapur that number of cases involving criminals from outside the State are granted bail and never appeared before the Court after obtaining bail and for which numerous cases are pending for appearance of the accused persons and therefore, prays that in case this revision petition is allowed, certain conditions may be imposed to secure the attendance of the accused before the Court below. He further submits that he is in agreement with the submission of the learned counsel for the petitioner and that directions may be issued that the accused shall appear before the Deputy Residential Commissioner, Nagaland House, Kolkata once every week and a report to that effect be submitted to Superintendent of Police, Dimapur.