Cr. M.M.O.No.145 / 2008 17.12.2008 Present: Mr. Manoj Pathak, Advocate, for the petitioner. Mr. J.S. Guleria, Law Officer, for the respondent-State. Heard. Vide order dated 14.8.2008, passed by the learned Sessions Judge, Kinnaur Sessions Division, at Rampur Bushahr in Bail Application No. 103 of 2008 filed by the petitioner, ordered that the bail-petitioner be enlarged on bail on his furnishing bail bonds in the amount of Rs.2 lacs with two local sureties each of the like amount to the satisfaction of the learned S.D.J.M. Rampur. Bail is not availed by the petitioner, as the amount was excessive and two local sureties were not available as he being outsider, therefore, the instant application, under section 439(1((b) read with section 440 of the Code of Criminal Procedure, has been moved for modifying the order being too harsh. The petitioner is allegedly found in possession of 550 grams of charas as such he was arrested in case FIR No.72 of 2008, under section 20 of the Narcotic Drugs and Psychotropic Substances Act, in Police Station, Ani, District Kullu. The petitioner belongs to Manimajra, Chandigarh (U.T.) Considering the quantity of contraband, alleged to have been recovered, in my opinion, both the conditions viz-a-viz the amount as well as insisting upon the two local sureties imposed by the learned Sessions Judge, are quite unreasonable and too excessive, which virtually tantamount to denial of bail in the facts and circumstances of the case. As a matter of fact, the surety amount has to be fixed keeping in view the condition, status of the accused, offence committed and punishment provided therefore with a view to procure the presence of the accused during the trial of the case. Thus, taking into consideration the relevant factors, the bail amount of Rs.2 lacs in the present case, being excessive is hereby reduced to Rs.50,000/- and also modify the condition of two local sureties to the extent that the petitioner shall furnish only one solvent surety of the like amount, to the satisfaction of the learned S.D.J.M. Rampur. Ordered accordingly. However, it is further clarified that the other conditions, imposed by the learned Sessions Judge, shall remain intact. The petition stands disposed of. A copy of this order be sent to the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr and also to learned S.D.J.M. Rampur Bushahr for information and necessary action at their end. Copy dasti on usual charges. December 17, 2008 (Surinder Singh),J. (D)