JATINDRA MOHAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application under section 482 Cr.P.C. for quashing the order dated 12.12.94, passed by Shri C.P. Kulashreshtha, Judicial Magistrate First Class, Gwalior, whereby his bail bonds have been cancelled. This petition has been heard finally on the request of the counsel for the parties, as it was a petty matter, at this initial stage. Learned counsel for the petitioner contended that the petitioner was married to Dr. Swadesh Sharma at Amritsar as early as in the year 1977 and both are doctors working at different hospitals in Punjab State prior to 1986. The petitioner shifted to Ambala Cantt. and he along with his Mrs. lived at Ambala. Dr. Swadesh Sharma was posted in Rajpura, District Patiala, while the petitioner was posted at, Ambala Cantt. Thereafter Dr. (Mrs.) Swadesh Sharma came to Gwalior in May 1984 and lodged a report at Mahila Police Station, Padav, Gwalior. The police of P.S. Mahila Padav sent the report to the concerned police station at Ambala Canti. along with covering letter of the Supdt of Police, Gwalior, because the offence was alleged to have been committed at Ambala Canti. The F.I.R. along with statement were therefore forwarded to the concerned Police Station at Ambala, without any result. The first informant again lodged a report at P.S. Jhanshi Road Gwalior and got registered a case under section 498A/34 IPC at Crime No. 208/94. The petitioner was arrested at Ambala and produced before the llaka Magistrate, Ambala, where he was granted temporary bail. He appeared at Gwalior on 28.11.94 and was remanded to judicial custody till 12.12.94. Bail application was fixed for 29.12.94. As 29.12.94 was Sunday, duty Magistrate granted him bail and the bail bond and personal bond were furnished, which were accepted. On 12.12.94 he came from Ambala and appeared before the Court at 11 a.m. He moved an application for exemption from personal appearance before the Court. He was asked by the Magistrate to "a it and to appear after an hour. He was not feeling well and he made a prayer to the Court that he had come from Ambala and is not feeling well. In the meantime, there was lunch -break. He was not in a position to -stand outside the Court room and had to go to the hotel. Another application was submitted praying for exemption from personal appearance. The learned Magistrate rejected his prayer, cancelled the bail order and passed the impugned order.

(2.) LEARNED counsel contended that the impugned order passed by the learned Magistrate in the facts and circumstances of the case is illegal. The learned Magistrate acted illegally in rejecting the application. Learned counsel for the State contended that the applicant may furnish fresh bail. I have considered the contentions raised before me. To my mind the petition must be allowed and the learned Magistrate may be directed to accept fresh bail and bail bond as and whom the applicant appears. His application for exemption under the circumstances should also be considered. This application is disposed of accordingly. The impugned order is set aside.