Vasim Mahemudkhan. Vs. State of Gujarat and anr. - Court Judgment

Excerpt:
.....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 should have consulted the power of attorney dr. sanjeev kumar mishra before signing the compromise petition. the principal is not bound to..........registered at kadi police station on his furnishing bond of rs.10,000/- (rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower court and subject to the following conditions that he shall:(a) not take undue advantage of his liberty or abuse his liberty;(b) not act in a manner injurious to the interest of the prosecution;(c) maintain law and order;(d) not leave the state of gujarat without prior permission of the sessions judge concerned;(e) 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;(f) mark presence in the concerned police station on every 1^st and 15^th day of english calendar month between 11:00 am to 2:00 pm;(g) surrender his passport, if.....

Judgment:
1. This application has been received through jail. The applicant is an under trial prisoner in connection with offence punishable under Section 25(1(ib)(a) of the Arms Act. He seeks regular bail in connection with the F.I.R. being C.R. No.II-27/2008 registered at Kadi Police Station.

2. Learned A.P.P. submitted that the applicant is involved in another offence of dealing in fake currency notes, for which he has already convicted and undergone rigorous imprisonment of ten years.

3. With respect to conviction of the petitioner in another case I express no opinion. However, in so far as the present case is concerned, considering the maximum sentence provided under the law and other fact and circumstances of the case, the applicant is ordered to be released on bail in connection with F.I.R. being C.R. No.II-27 of 2008 registered at Kadi Police Station on his furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the lower court and subject to the following conditions that he shall:

(a) Not take undue advantage of his liberty or abuse his liberty;

(b) Not act in a manner injurious to the interest of the prosecution;

(c) Maintain law and order;

(d) Not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) 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;

(f) Mark presence in the concerned police station on every 1^st and 15^th day of English Calendar month between 11:00 am to 2:00 pm;

(g) Surrender his passport, if any, to the Lower Court immediately.

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

4. Bail before the Lower Court having jurisdiction to try the case.

5. Rule is made absolute. Direct service is permitted.