Alibhai Hussainbhai Kureshi, and anr. Vs. State of Gujarat - Court Judgment

Excerpt:
[anand byrareddy j.] karnataka local authority (prohibition of defection) act, 1987 - section 3 - petition under-petition submitted by the third respondent before the first respondent - notices issued by the first respondent to the petitioners to answer the allegations made in the petition -petition summarily allowed without holding any enquiry -objections by the petitioners with regard to the competence of the president, karnataka pradesh congress committee to authorize the president, district congress committee to issue a whip - the alleged whip is said to have been issued by the district congress committee president on 2.7.2009 and 4.7.2009 to its elected representatives, individually, directing them that they shall not vote in favour of any no-confidence motion against respondent no.3. -consideration of - held, the question arises whether the direction issued by the president of the district congress committee on the strength of the authorization issued by the president, kpcc can be construed as a direction "issued by the political party" as required under the sub-clause (l)(b) of section 3. from a reading of the authorization issued by the president kpcc, there is no reference to any party resolution on the basis of which such authority to issue a direction or whip was delegated to him, which he has sub-delegated. - further held, from the scheme of the constitution it is apparent that the party functions through committees at all levels. the president of any committee can at best act as the correspondent for the particular committee, unless a power is specifically conferred on him to act for the party. a decision to issue a whip therefore could not have been authorized by the president kpcc acting on his own. - on facts, held, the direction issued much prior to the request of the council members seeking the convening of a meeting to consider a no-confidence motion against respondent no.3 is also unnatural and further dilutes the claim that such a direction was duly authorized by the political party. writ petitions are allowed.1. this application is filed under section 439 of the code of criminal procedure in connection with first information report registered at c.r.no.i-29 of 2009 with dcb police station, vadodara, for the offences punishable under sections 406, 420, 465, 467, 468, 471, 474 and 120 of the indian penal code.2. heard learned counsel for the parties and perused the record.3. learned counsel for the applicants submits that co-accused are enlarged on bail and now the investigation is over and charge sheet is filed. he, therefore, submits that this application for bail may kindly be considered.4. in the facts and circumstances of the case and considering the role attributed to the applicants and co-accused are enlarged on bail and now charge sheet is filed, without discussing the evidence in detail, prima facie, this court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.5. in the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at c.r.no.i-29 of 2009 with dcb police station, vadodara, on their executing a bond of rs.5,000/- (rupees five thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shalli. not take undue advantage of their liberty or misuse their liberty; ii. not act in a manner injuries to the interest of the prosecution; iii. surrender their passports, if any, to the lower court within a week;iv. not leave the state of gujarat without prior permission of the sessions judge concerned;v. mark their presence at the concerned police station on the first sunday of every month between 10 a.m. and 3 p.m for six months only.vi. furnish the present address of their 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; vii. shall not enter the city limits of vadodara except for attending the trial and marking presence;the authorities will release the applicants only if they are not required in connection with any other offence for the time being. 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. bail bond to be executed before the lower court having jurisdiction to try the case. 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 applicants on bail.

Judgment:
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I-29 of 2009 with DCB police station, Vadodara, for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 474 and 120 of the Indian Penal Code.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the applicants submits that co-accused are enlarged on bail and now the investigation is over and charge sheet is filed. He, therefore, submits that this application for bail may kindly be considered.

4. In the facts and circumstances of the case and considering the role attributed to the applicants and co-accused are enlarged on bail and now charge sheet is filed, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.

5. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at C.R.No.I-29 of 2009 with DCB police station, Vadodara, on their executing a bond of Rs.5,000/- (Rupees five thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall

i. not take undue advantage of their liberty or misuse their liberty;

ii. not act in a manner injuries to the interest of the prosecution;

iii. surrender their passports, if any, to the lower court within a week;

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

v. mark their presence at the concerned police station on the first Sunday of every month between 10 a.m. And 3 p.m for six months only.

vi. furnish the present address of their 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;

vii. shall not enter the city limits of Vadodara except for attending the trial and marking presence;

The Authorities will release the applicants only if they are not required in connection with any other offence for the time being. 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. Bail bond to be executed before the lower court having jurisdiction to try the case. 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 applicants on bail.