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TMI Blog1995 (6) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... rving in bank having no criminal history and therefore, he would not abscond. Shri Oberoi further pointed that the prosecution allegations show that he attempted or made preparation to commit the offence which has been made punishable u/s 56 of FERA. He prayed that applicant be enlarged on bail in view of judgment of Supreme Court in the matters of Gudikanti Narasimhulu and Ors. v. Public Prosecutor, High Court of A.P. - AIR 1978 SC 429 and Bhagirath Judeja v. State of Gujarat - AIR 1984 SC 372. 2. Shri Khan, counsel appearing for non-applicant submitted that applicant has been charged for committing an offence which is punishable under provisions of FERA and the prosecution is in possession of some material to show that prima facie he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proposition. Reasonableness postulates intelligent care and prejudicate that deprivation of freedom by refusal of bail is not for punitive purpose but for the bifocal interests of justice to the individual involved and society affected. 6. In view of this observation the case diary has been neatly perused. 7. In the matter of Bhagirathsingh Judeja v. State of Gujarat (supra) the Supreme Court has observed that :- It is now well settled by a catena of decisions of the Supreme Court that the power to grant bail is not to be exercised as if the punishment before trial is being imposed. The only material considerations in such a situation are whether the accused would be readily available for his trial and whether the accused is likely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thing has been brought to the notice of this court by the prosecution that he has a criminal history. 10. While granting bail to this applicant necessary care should be taken that he does not tamper with the prosecution evidence or create obstacles in the course of investigation. It is also necessary to ensure that he is available for the purpose of interrogation and trial. Therefore, some conditions need to be imposed on him and bail should be adequately sufficient to ensure his presence in the trial. 11. The bail application is allowed. The applicant is hereby released on bail on furnishing security to the extent of Rs. 25,000/- (twenty five thousand) with one surety and PR bond with one or two sureties before the Additional Chief Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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