SB Crlmp No.600/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.600/2010. Prahlad Vs. State of Rajasthan Date of Order : 29/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J. Shri V.S. Fauzdar for the petitioner. Shri N.R. Saran, Public Prosecutor for State. ****** BY THE COURT:- This criminal misc.petition u/S.482 Cr.P.C. has been filed by petitioner-Prahlad assailing the order of learned Judicial Magistrate Ist class, Khandar, District Sawaimadhopur dated 29/7/2009 passed in bail application submitted by accused petitioner u/S.437 Cr.P.C. in FIR No.157-96/2006 PS Forest Ranger, Range Kundara, District Sawaimadhopur for offence u/Ss.27, 29, 35, 39 and 44/51 of the Wild Life Animal Protection Act, 1972 by which, while extending the benefit of bail, imposed condition of furnishing bank guarantee in the sum of Rupees One Lac with two local sureties of Tehsil Khandar each in the sum of Rupees One Lac respectively of one surety of bank guarantee and another surety to be verified by the concerned Tehsildar. It is contended that petitioner is a Member of Scheduled Tribe and that he hardly has any worth to procure bank guarantee of Rupees One Lac. SB Crlmp No.600/10. 2 Condition imposed in the bail order is too harsh to be complied with by the petitioner. He cannot even arrange surety of Rupees One Lac each. The maximum punishment for the alleged offence is three years. It is therefore prayed that those conditions may be set-aside so that he may be released on bail as even after passing the order extending benefit of bail, petitioner could not be released due to not furnishing bank guarantee. Learned Public Prosecutor has opposed the petition. Having regard to the nature of offence, I find that the imposition of onerous condition like procurement of bank guarantee of Rupees One Lac, is not called for. In the result, this criminal misc.petition u/S.482 Cr.P.C. is partly allowed. Condition of furnishing bank guarantee in the sum of Rupees One Lac with two local sureties of Tehsil Khandar each in the sum of Rupees One Lac respectively one surety of bank guarantee and another surety to be verified by the concerned Tehsildar, is substituted by condition of furnishing personal bonds in the Rs.50,000/- with two duly attested sureties of Rs.25,000/- each to the satisfaction of the said court. On furnishing the above bonds, he shall be liable to be enlarged on bail as per the directions of the trial court. (MOHAMMAD RAFIQ), J. anil