If mason and millionaire were treated alike, egregious inegality is an inevitability.
For another, the magistrate made an odd order refusing to accept the suretyship of the petitioners brother because he and his assets were in another district.
India is one and number a companyglomeration of districts, untouchably apart.
When this Courts order for release was thus frustrated by magisterial intransigence the prisoner moved this Court again to modify the original order to the extent that petitioner be released on furnishing surety to the tune of Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Misc.
M. Tarkunde, K. T. Harinder Nath, R. K. Jain and K. Puri for the Intervener The order of the Court was delivered by KRISHNA IYER, J. The law.
in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread, lampooned Anatole France.
His criminal appeal pends in this Court and he has obtained an order for bail in his favour to the satisfaction of the Chief Judicial Magistrate.
Petition 1649 of 1978.
N. Shroff and S. K. Gambhir for the Respondent.
From this factual matrix three legal issues arise 1 Can the Court, under the Code of Criminal Procedure, enlarge, on his own bond without sureties, a person undergoing incarceration for a number bailable offence either as undertrial or as companyvict who has appealed or sought special leave ?
Application for bail.
The reality of this caricature of equal justice under the law, whereby the poor are priced out of their liberty in the justice market, is the grievance of the petitioner.
S. Khanduja for the Appellant.
