MOHD. GOLIZADA Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16th August, 1997 passed by the Learned Addl. Sessions Judge, New Delhi whereby the learned A.S.J. has ordered refund/return of the amount of Rs. 25,000/- deposited in cash for release of the petitioner on bail to one Fiaz. The petitioner challenges the legality and validity of this order.

(2.) BRIEFLY the facts are that the petitioner is accused of an offence under Section 14 of the Foreigners Act. He was admitted to bail vide order dated 12.6.1996 passed by the learned A.C.M.M. wherein he was admitted to bail upon executing personal bond in the sum of Rs. 25,000/- with one surety in the like amount. It appears that the petitioner could not furnish the surety bond and made an application that he may be allowed to deposit the amount of the bond. This application was allowed vide order dated 4.7.1996 passed by the learned A.S.J. whereby the petitioner was allowed to deposit the amount of bail.

(3.) THE petitioner was released on bail on the basis of this deposit on personal bond. Subsequently Fiaz made application dated 2.8.1997 alleging that he had stood surety for the petitioner and had deposited a sum of Rs. 25,000/- on his behalf and desired that he may be discharged as surety. On his application an order dated 4.8.1997 was passed by the learned Addl. Sessions Judge directing said Fiaz treating him as surety to produce the petitioner in Court on 7.8.1997. The petitioner appeared in Court on 7.8.1997 and the petitioner was directed to furnish fresh personal bond in the sum of Rs. 25,000/- with one local surety in the like amount. Apparently he could not furnish such surety bond immediately and was taken into custody on 7.8.1997 and is still in custody. On the same date an application dated 7.8.1997 was filed by the petitioner before the Court of learned A.S.J. seeking direction that the amount of Rs. 25,000/- deposited by him be not released. The aforesaid Fiaz also moved an application on the same date claiming that the amount of Rs. 25,000/- deposited belongs to him and it be refunded to him.