Rs 15,000 deposit to release bicycle ‘excessive’,court overrules magistrate order,reduces amount to Rs 1,000

Aggrieved,Pappu filed a revision petition before a sessions court. The move has paid off — calling the magistrate’s order unreasonable,the judge,in a recent order,reduced the bond money to Rs 1,000.

Allowing Pappu’s plea,Additional Sessions Judge Nivediata Anil Sharma observed that Rs 15,000 as security bond was “definitely” on the higher side and “excessive”,for a new bicycle of a similar make was available for Rs 2,000.

“It is a settle law that not only a vehicle should be released but is to be released on conditions that are just and reasonable,” the judge noted. “No useful purpose is served by keeping the bicycle seized as it is bound to get damaged with time.”

ASJ Sharma also observed that though the condition of a vehicle was not an issue while asking for a bond,the reasonableness of the order is certainly relevant.

Dismissing the prosecution’s contentions that the high amount was kept for securing the bicycle as and when required during the trial,the court held that the magistrate’s order could be said to be suffering from legal infirmity,liable to be set aside.    

ASJ Sharma then modified the magistrate’s order and asked Pappu to deposit Rs 1,000 and retrieve his bicycle. He was also directed to give an undertaking that he will not sell,dispose of or transfer the bicycle till the probe into the case is on and produce it whenever required by court. The court sent the copy of the order to the area SHO and the investigating officer so that they could give back the cycle to Pappu after verifying various details.