SURAJ SHARMA Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Article 227 of the Constitution of India read with Section 439 and 482 of the Code of Criminal Procedure (hereinafter referred to as Code) and in this petition it has been prayed that order dated 3rd November, 1993 passed by Shri S.N.Kapur, Additional Sessions Judge, Shahdara, a designated Court under Terrorist And Disruptive Activities (Prevention Act) (in short TADA) be quashed and the petitioner he ordered to be released on bail in terms of earlier bail order.

(2.) Briefly staled the facts of the case are that the petitioner was arrested under Section 307/34 Indian Penal Code, 27/54/59 Arms Act and Section 5 of TADA pertaining to FIR No.410/92 P.S.Gokulpuri. Thereafter the learned Additional Sessions Judge, Shahdara vide order dated 5th November, 1992 granted bail to the petitioner subject to the condition that the petitioner would not visit the locality of Mangat Ram (Respondent No.2) who was the complainant in the said FIR without prior permission of the Court.

(3.) The petitioner filed an application before the learned Additional Sessions Judge, Shahdara seeking permission of the Court to visit Village Sabhapur where respondent No.2 is residing, to attend the last rites of his deceased real uncle on 26th August, 1993 and 29th August, 1993 and the learned Additional Sessions Judge vide order daled 23.8.93 allowed the petitioner to visit village Sabhapur from 26th August, 1993 to 29th August, 1993 subject to the condition that the petitioner shall inform the police station concerned.