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#43
% 10.08.2011
Present: Mr. Pradeep Norula, Advocate for the petitioner.
Mr.Pawan Narang, APP for the respondent/State.
+Crl.M.A.No.9397/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 359/2011 & CrI.M.A. 9396/2011
Vide instant revision petition, the petitioner is seeking to challenge the order of learned M.M. dated 15"^ July, 2011 vide which, she directed the petitioner to surrender his passport in the court by hearing dated 11'^'^ August, 2011.
Briefly stated, facts relevant for disposal of this revision petition are that an FIR No. 276/2008, P.S. New Friends Colony was registered against the petitioner under Section 31 of the Domestic Violence Act. In the said case, the petitioner applied for anticipatory bail and he was admitted on anticipatory bail by the order of this court dated 13"" March, 2009, whereby it was directed that in the event of his arrest, the petitioner shall be released on bail, subject to his furnishing personal bond in the sum of? 10,000/- with one surety in the like amount to the satisfaction of the Investigating Officer.
Only condition imposed on the petitioner was that he shall join the investigation and extend full cooperation. There was no condition that the petitioner will not leave the country without the permission of the court or surrender the passport.
Charge sheet was filed after investigation and on hearing dated 15"^
July, 2011, an application for exemption was moved on behalf of the petitioner on the ground that he has gone abroad. Learned M.M., while
2011:DHC:19860
# dismissing the application with fine of ? 1000/- has directed the petitioner to surrender his passport by August, 2011. Petitioner is aggrieved of aforesaid order directing him to surrender the passport.
Learned counsel for the petitioner submits that aforesaid order of learned M.M. is arbitrary and it also amounts to interfering with the order of
High Court dated IB''^ March, 2009. Thus, it is urged that the direction of the trial court regarding surrender of passport may be quashed.
Learned APP, in all fairness, has submitted that the Trial Court has exceeded its power by directing the petitioner to surrender the passport and the State has no objection if the revision is allowed and direction regarding surrender of passport is set aside.
Taking into account the overall facts and circumstances of the case and also the fact that the petitioner moved an application for exemption because of a genuine reason, I find that Trial Court had no justification for asking the petitioner to surrender the passport, particularly when, no such condition was imposed by this court in the bail order dated 13"^^ March, 2009.
Revision petition is accordingly accepted and the direction of learned
Metropolitan Magistrate regarding surrender of passport-his set aside.
Petition stands disposed of.
Order dasti under the signatures of Court Master.
(AJIT BHARIHOKE)
JUDGE
AUGUST 10, 2011
" ci/X'f-. ' / r .'V
/ • '
(c", ct-,./ n c >
#31
% 19.08.2011
Present: None for the petitioner. jVis. Jasbir Kaur, APP for the respondent/State.
+Crl.Rev. P. No.359/2011
File is taken up on office note pointing out that due to typographical error, the petition disposed of is detailed as CrI.M.C. No.359/2011. It is obvious that aforesaid infirmity is the result of typographical error.
Therefore, it is directed that the word CrI.M.C. No.359/2011 shall be read as CrI.Rev.P. No.359/2011.
(AJIT BHARlHOKE)
JUDGE
AUGUST 19, 2011 pst
% 10.08.2011
Present: Mr. Pradeep Norula, Advocate for the petitioner.
Mr.Pawan Narang, APP for the respondent/State.
+Crl.M.A.No.9397/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 359/2011 & CrI.M.A. 9396/2011
Vide instant revision petition, the petitioner is seeking to challenge the order of learned M.M. dated 15"^ July, 2011 vide which, she directed the petitioner to surrender his passport in the court by hearing dated 11'^'^ August, 2011.
Briefly stated, facts relevant for disposal of this revision petition are that an FIR No. 276/2008, P.S. New Friends Colony was registered against the petitioner under Section 31 of the Domestic Violence Act. In the said case, the petitioner applied for anticipatory bail and he was admitted on anticipatory bail by the order of this court dated 13"" March, 2009, whereby it was directed that in the event of his arrest, the petitioner shall be released on bail, subject to his furnishing personal bond in the sum of? 10,000/- with one surety in the like amount to the satisfaction of the Investigating Officer.
Only condition imposed on the petitioner was that he shall join the investigation and extend full cooperation. There was no condition that the petitioner will not leave the country without the permission of the court or surrender the passport.
Charge sheet was filed after investigation and on hearing dated 15"^
July, 2011, an application for exemption was moved on behalf of the petitioner on the ground that he has gone abroad. Learned M.M., while
2011:DHC:19860
# dismissing the application with fine of ? 1000/- has directed the petitioner to surrender his passport by August, 2011. Petitioner is aggrieved of aforesaid order directing him to surrender the passport.
Learned counsel for the petitioner submits that aforesaid order of learned M.M. is arbitrary and it also amounts to interfering with the order of
High Court dated IB''^ March, 2009. Thus, it is urged that the direction of the trial court regarding surrender of passport may be quashed.
Learned APP, in all fairness, has submitted that the Trial Court has exceeded its power by directing the petitioner to surrender the passport and the State has no objection if the revision is allowed and direction regarding surrender of passport is set aside.
Taking into account the overall facts and circumstances of the case and also the fact that the petitioner moved an application for exemption because of a genuine reason, I find that Trial Court had no justification for asking the petitioner to surrender the passport, particularly when, no such condition was imposed by this court in the bail order dated 13"^^ March, 2009.
Revision petition is accordingly accepted and the direction of learned
Metropolitan Magistrate regarding surrender of passport-his set aside.
Petition stands disposed of.
Order dasti under the signatures of Court Master.
(AJIT BHARIHOKE)
JUDGE
AUGUST 10, 2011
" ci/X'f-. ' / r .'V
/ • '
(c", ct-,./ n c >
#31
% 19.08.2011
Present: None for the petitioner. jVis. Jasbir Kaur, APP for the respondent/State.
+Crl.Rev. P. No.359/2011
File is taken up on office note pointing out that due to typographical error, the petition disposed of is detailed as CrI.M.C. No.359/2011. It is obvious that aforesaid infirmity is the result of typographical error.
Therefore, it is directed that the word CrI.M.C. No.359/2011 shall be read as CrI.Rev.P. No.359/2011.
(AJIT BHARlHOKE)
JUDGE
AUGUST 19, 2011 pst
JUDGMENT