SHIV SHYAM PANDEY Vs. STATE OF U.P. & ORS.
LAWS(ALL)-2008-12-399
HIGH COURT OF ALLAHABAD
Decided on December 11,2008

Shiv Shyam Pandey Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) HEARD Mr. B.L. Bhartiya, learned counsel for the applicant as well as Mr. R. P. Shukla, learned Additional Govern­ment Advocate.
(2.) THROUGH the instant application, the ap­plicant has prayed for issuing a direction to the opposite parties to release the applicant in pursuance of the order dated 25-9-2008 passed in Criminal Misc. Case No. 5394 (B) of 2008. This Court by means of an order dated 25-9-2008 parsed in Criminal Misc. Case No. 5394 (B) of 2008, provided that let applicant Shiv Shyam Pandey be enlarged on bail in crime No. 164 of 2008 under Section 8/22 of N.D.P.S. Act of Police Station Sahadatganj, district Lucknow on his furnish­ing an adequate personal bond and two sure­ties each in the like amount to the satisfac­tion of the court concerned. Learned counsel for the applicant sub­mits that pursuant to the order passed by this Court, bail bond was submitted on 20-9-2008 on behalf of the applicant before the Addi­tional Chief Judicial Magistrate, Lucknow and from Tehsil, the verification has also been done but since the police report has not come, the petitioner has not been released on bail. Thus, he has raised the finger on the action of the police in the matter of verification for re­leasing the detenu from jail even after the order passed by this Court.
(3.) LEARNED counsel for the applicant invited the attention of this Court towards the circu­lar dated 20-8-1998 issued by the Registrar of this Court, through which this Court has issued some direction for strict compliance, which are as under : "(A) In serious cases such as murder, dacoity and NDPS Acts the amount of surety bonds should normally be fixed for Rs. One Lac which will be covered by four sureties for the amount of Rs.25,000/- each. (B) The address and status of these sure­ties must be verified. However, in appropri­ate cases provisional bail may be granted sub­ject to the verification of the sureties. (C) The Courts must insist for filing of the photograph prepared by the negative and refuse to accept a polaroid or coloured pho­tograph. (D) Copies of the title deeds filed in sup­port of the solvency of the status should be verified. (E) Police verification of the address and parentage of the sureties, be also obtained. (F) In cases where the Court feels that there are chances of plantation of drug to implicate a person in a case in NDPS the amount of surety bond may be suitably reduced." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.