1. The petitioners were charge-sheeted by the police under Sections 147, 148, 447, 324 and 323, Indian Penal Code. They applied for bail and the Magistrate granted bail under Section 496 subject to a condition in these words,
accused will be released on a bond of Rs. 250 with two sureties for like sums and on condition that they will not enter on the disputed land till disposal of the case.
The question that arises in this petition is whether this condition is one permissible by law.
2. With regard to non-bailable offences, I can see no objection to imposing conditions of this kind; for the Magistrate has an option to grant bail or to refuse bail and he has also the power under Section 497 (5) of the Criminal Procedure Code of causing persons so released to be arrested and committed to custody, whichhe would apply in case the condition was not fulfilled. But all the offences with which the petitioners were charged are bailable offences, with regard to which a Magistrate has no discretion. He must release the accused on bail provided that he is willing to execute bonds for his appearance. If he imposes an extraneous condition such as the Sub-Divisional Magistrate has in this case done, then it would mean that if the condition were not fulfilled he would have to refuse bail; and that he is not permitted to do under Section 496 of the Criminal Procedure Code if bonds are furnished for the accused's appearance. So the imposing of a condition of this kind in a bail order leads to the infringement of the provisions of Section 496 of the Criminal Procedure Code in case the condition was not fulfilled.
3. As the order of the Magistrate is not one authorised by law, it is modified by deleting the condition that the accused should not enter the disputed land till the disposal of the case.