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1987 Supreme(All) 377
IN THE HIGH COURT OF ALLAHABAD
S. I. Jafri
RAM NATH SHARMA - Appellant
Versus
KHAIII KHAN - Respondents
Criminal Revision 25 Of 1987
Decided On : 08/28/1987
A.B.L.GAUR, KhaIiI Khan, RAJESH SHARMA, RAM NATH SHARMA
A court cannot impose a condition on an accused person while granting bail that is not contemplated in section 437 (3) Cr. P. C.
Headnote:
BAIL - SECTION 437 CR. P. C. - CONDITION IMPOSED BY CHIEF JUDICIAL MAGISTRATE DIRECTING THE ACCUSED TO HAND OVER CHARGE OF THE OFFICE OF PRADHAN TO THE OFFICER CONCERNED WITHIN 10 DAYS OF HIS RELEASE ON BAIL IS REPUGNANT TO THE INTENDMENT OF SECTION 437 (3) CR. P. C.
Fact of the Case:
The accused, Khalil Khan, was elected as Pradhan of Gaon Sabha Rajheti, Simbhaoli Block, Ghaziabad in 1982. His election was set aside by the Sub-Divisional Officer, Hapur, and the order was upheld by the Sessions Judge, Ghaziabad. Khalil Khan filed a writ petition in the High Court, but the stay application was rejected. He refused to hand over charge of the office of Pradhan to the Assistant Development Officer (Panchayat), Ram Nath Sharma, who filed a report at the Police Station. A case under section 14-A of Panchayat Raj Act and section 353 IPC was registered against Khalil Khan. The Chief Judicial Magistrate, Ghaziabad, granted bail to Khalil Khan on the condition that he would hand over charge of the office of Pradhan to the officer concerned within 10 days and if he failed to do so, he would be liable to pay Rs. 4000/- as penalty to the Government.
Finding of the Court:
The court held that the condition imposed by the Chief Judicial Magistrate was unwarranted under law and was repugnant to the intendment of section 437 (3) Cr. P. C. The court further held that the Chief Judicial Magistrate had erred in compelling Khalil Khan to furnish an undertaking to the effect that if he failed to hand over charge of the office of Pradhan to the officer concerned, he would pay Rs. 4000/- as penalty to the Government.
Issues: Whether the condition imposed by the Chief Judicial Magistrate was warranted under law.
Ratio Decidendi: The court held that the condition imposed by the Chief Judicial Magistrate was unwarranted under law and was repugnant to the intendment of section 437 (3) Cr. P. C. The court further held that the Chief Judicial Magistrate had erred in compelling Khalil Khan to furnish an undertaking to the effect that if he failed to hand over charge of the office of Pradhan to the officer concerned, he would pay Rs. 4000/- as penalty to the Government.
Final Decision: The court set aside the order of the Chief Judicial Magistrate imposing the condition on Khalil Khan and also waived the undertaking furnished by him.
( 1 ) RAM Nath Sharma, Asstt. Development Officer (Panchayat) Block Simbhaoli, District Ghaziabad has filed this revision against the order dated 11-12-1986 passed by Sri Y. S. Raizada, 3rd Additional Sessions Judge, Ghaziabad, thereby setting aside the condition imposed by Chief Judicial Magistrate, Ghaziabad by his order dated 3-12-1986 directing the opposite party Khalil Khan to hand over the charge of his office within 10 days to Asstt. Development Officer (Panchayat) Ghaziabad.
( 2 ) THE facts leading to this revision are that the opposite party Khalil Khan and one Murlidhar Sharma contested the election of Pradhanship of Gaon Sabha Rajheti, Simbhaoli Block, Ghaziabad in the year 1982 in which Khalil Khan emerged successful. Murli Dhar Sharma, the rival contestant, filed an Election Petition before the Tribunal/sub/divisional Officer, Garh District Ghaziabad who allowed the election petition of Murli Dhar Sharma on 16-8-1985 and set aside the election of Khalil Khan. Khalil Khan went in revision against the aforesaid order before the Sessions Judge, Ghaziabad and the same was dismissed by 3rd Additional District and Sessions Judge, Ghaziabad on 5-10-1985. Consequently, Khalil Khan filed a Civil Misc. Writ Petition No. 15314 of 1985 before the High Court against the aforesaid orders dated 16-8-1985 and 5-10-1985. The aforesaid writ petition was admitted but the stay application filed by Khalil Khan was rejected on 30-10-85 by the High Court.
( 3 ) THE case of the applicant Ram Nath Sharma is that the respondent Khalil Khan after his election having been set aside by the Sub-Divisional Officer, Hapur, declined to hand over charge of the office of Pradhan of Gaon Sabha Rajlleti to him. He therefore, reported the matter to the District Panchayat Raj Officer who by his order dated 29-7-1986 directed for taking action against Khalil Khan under section 14-A of Panchayat Raj Act. Consequently, Ram Nath Sharma went to the village Rajheti on 11-8-1986 alongwith a copy of the aforesaid order and met Khalil Khan but he was adamant and did not hand over the charge. He misbehaved with him and also along the documents on the ground having snatched the same from him and even tried to assault him. Thus Khalil Khan had obstructed the applicant in the discharge of his lawful duties as a public servant. Consequently, Ram Nath Sharma filed a report of the occurrence at Police Station and on the basis of the aforesaid report, a case under section 14-A of Panchayat Raj Act and under section 353 I. P. C. was registered against Khalil Khan at Police Station Bahadur Garh on 14-8-1986 at Crime No. 110 of 1986.
( 4 ) AFTER registration of the above case at the Police Station Bahadur Garh, Khalil Khan appeared before the Chief Judicial Magistrate, Ghaziabad on 3-12-1986 and prayed for bail. The Chief Judicial Magistrate granted him ball by his order dated 3-12-1986 subject to his filing an undertaking before him that he would hand over charge of the office of Pradhan to the Officer concerned within 10 days and if he failed to hand over charge to the officer concerned, would be liable to pay Rs. 4000/- as penalty to the Government and consequently after executing the aforesaid undertaking, Khalil Khan was released on bail on his furnishing surety bonds as directed by the Chief Judicial Magistrate.
( 5 ) KHALIL Khan after his release on bail, filed a revision before the Sessions Judge against the condition imposed by the Magistrate. The said revision was allowed by 3rd Additional Sessions Judge, Ghaziabad on 11-12-1986 and the learned Sessions Judge had waived the condition imposed by the Chief Judicial Magistrate Ghaziabad. Thereafter, Sri Ram Nath Sharma, Asstt. Development Officer filed the present Revision against the order dated 11-12-1986 passed by 3rd Addi. Sessions Judge, Ghaziabad in the High Court. T. Ile revision was admitted on 2-1-1987 and the operation of the order dated 11-12-1986 passed by 3rd Addi. Sessions Judge, Ghaz
