No. of Order 4.i .6.200 Offfi%g:¥!itf:££ye;r° Present: Mr. N. Rai assisted by Mr. Rajendra Upreti, Advocates for the petitioner. Mr. N.B. Khatiwada, Public Prosecutor assisted by Mr. J.B. Pradhan, Addl. Public Prosecutor for the State. Heard learned counsel for the petitioner and Mr. N.B. Khatiwada, 1eamed Public Prosecutor assisted by M. J.B. Pradhan, learned Addl. Public Prosecutor for the State- respondent. The order dated 5-12-2002 passed by the learned Sessions Judge(South & West), Namchi in Crl. Misc. Case No.26/2002 is the subject matter under challenge in this revision petition. Questioning the .validity of the impugned order dated 5-12-20QZ,Mr. N. Rat, learned counsel contended 1., that the conditions imposed by the learned Court below in granting the bail in other words the requirement of furnishing Of personal bond and surety bonds of Rs.40,000,00/-a`upees fourty lakhs) with two solvent sureties for an amount of 'Rs.20,000.00/- Qupees twenty lakhs) each and other three Conditlons6£~highlighted in the impugned order is disproportionate and, not tenable in the eye of law. Supporting the case of the accused Shri Budhiman Subba, the learned counsel had relied upgn the two decisions of the ex Cout rendered in the State of Rajasthan vs. Balchand REJBEii Rs.10.000.cO/- ".\Gn, ... h__`_ `,`,>. ._._-. `~. . `.. u ~T_` ,-.- `*a..e,~>n=rd -/. order with Sig#apH,9 - Office actio taken satisfaction of the leaned Sessions Judge(South & West), Namchi, South Sikkim. It is made clear that the accused/petitioner sham not directly or indirectly make inducement to any person or persons acquainted with the facts of the case so as to dissuade them from disclosing such material facts of the case either to the Police/investigating machinery or to the Court; TLed , IG^ arfe /pch.k~ gl^u`rdr (ii) #`}eave the state of sikkim without the permission of the Court of the Sessions Judge(South & West), Namchi an'd he shall make himself available for interrogation before the Investigating officer/oT6. of the Police Station ^`+ daily for at least one hour till the completion of the investigation and he shall give cooperation with investigating machinery. rd-®`,:-q#ife= For the reasons, observations and discussions made above, the impugned order dated 5-12-2002 is modified to the extent dictated above and accordingly the present petition is disposed of. Let a copy of this order be sent to the leaned Sessions Judge(South & West), Namchi by the Registry of this Court as early as possible. '. `'_ Acting Chief Justice. 18rf-2oo3. %rtys53Etr.#£