Chatur @ Satish Gordhanbhai Solanki. Vs. State of Gujarat. - Court Judgment

Excerpt:
[markandey katju ; gyan sudha misra, jj.] - code of civil procedure (c.p.c.) 1908 - section 151 - saving of inherent powers of court -- this appeal has been filed against the impugned judgment and order dated 21.5.2004 passed by learned single judge of the patna high court in civil revision no. 945 of 2002. while the aforesaid partition suit was pending, the defendants smt. pushpa biswas and apurva kumar biswas executed a general power of attorney on 31.7.1992 in favour of umesh chandra and dr. sanjeev kumar mishra and the same was registered. pushpa biswas and apurva kumar biswas cannot be allowed to say that their own act of signing the compromise petition was collusive and fraudulent. the high court has observed that defendants nos. 2 and 2a viz., pushpa biswas and apurva kumar biswas..........prior permission of this court;7. surrender his passport, if any, to the lower court immediately.5. if breach of any of the above conditions is committed, the sessions judge concerned will be free to take appropriate action in the matter.6. bail before the lower court having jurisdiction to try the case. rule is made absolute. application is disposed of accordingly. direct service is permitted.

Judgment:
1. Rule. Learned APP Mr. K.P.Raval waives service of rule on behalf of respondent- State. Counsel for the applicant submitted that the investigation is over and charge sheet is filed. Applicant is in jail since 26.8.2010.

2. In addition to the above, he drew my attention tot he nature of allegations in the complaint which only disclose offence punishable under Section 363 and 366 of the Indian Penal Code.

3. The offence under Sections 376 and 379 of the Indian Penal Code were added later on. He drew my attention to the statement of the girl recorded by the I.O on 24.8.2010 to contend that there were friendly relations between the applicant and the girl.

4. Considering the above prima facie aspects of the matter, the applicant is ordered to be released on bail in connection with C.R. No. I-155/2010 registered with Bhaktinagar Police Station on his furnishing bond of Rs.10,000/-(Rupees Ten Thousand) with one surety of like amount to the satisfaction of the lower Court and subject to following conditions :

1. not take undue advantage of his liberty or abuse his liberty;

2. not act in a manner injurious to the interest of the prosecution;

3. maintain law and order;

4. mark his presence before the Bhaktinagar Police Station on every 1^st and 15^th day of English Calendar month between 11:00 am to 2:00 pm:

5. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

6. furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

7. surrender his passport, if any, to the Lower Court immediately.

5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

6. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.