Titu Alias Saroj Babu Alias Ram Sanjay PatrA. 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;6. the authorities will release the applicant only if not required in connection with any other offence for the time being.7. if breach of any of the above conditions is committed, the sessions judge concerned will be free to issue warrant or take appropriate action in the matter.8. bail bond to be executed before the lower court having jurisdiction to try the case.9. at the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this court while enlarging the applicant on bail.10. rule is made absolute to the aforesaid extent. d.s. permitted.

Judgment:
1. Rule.

2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-135 of 2010 with Chowk Bazar Police Station, Surat, for the offences punishable under Sections 394, 452, 188 and 114 of the Indian Penal Code.

3. Learned counsel appearing for the applicant submits that the allegations against the applicant are to the extent that the applicant had inflicted minor injury on the shoulder of the injured and committed robbery. It is further submitted that charge-sheet is filed and investigation is over and there is no antecedent, considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered.

4. Having heard learned counsel for the applicant and perusing the record of the case and taking into consideration the above facts and that charge sheet is filed, I am inclined to enlarge the applicant on bail.

5. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at CR No.I-135 of 2010 with Chowk Bazar Police Station, Surat, on executing a bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

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

(c) surrender passport, if any, to the lower court within a week;

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

(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;

(f) furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

6. The Authorities will release the applicant only if not required in connection with any other offence for the time being.

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

8. Bail bond to be executed before the lower court having jurisdiction to try the case.

9. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

10. Rule is made absolute to the aforesaid extent. D.S. Permitted.