IN RE Vs. SACHIN KUMAR DIXIT

JUDGEMENT

(1.) The present contempt criminal proceeding against Sachin Kumar Dixit and Sabya Sachi Haldhar was initiated by the court by an order passed on 23.02.2011 on the report of Additional Chief Judicial Magistrate, Court no.-7, Sri Amit Kumar Singh forwarded by the District Judge, Kanpur Nagar with his report dated 09.12.2010.

(2.) In his report dated 22.04.2010, the Additional Chief Metropolitan Magistrate (ACMM for short) has reported that in Case Crime No. 46 of 2010, State Vs. Smt. Rinki, under Section 323, 325 and 504 I.P.C., the accused Smt. Rinki Verma surrendered herself to the custody of the court on 07.04.2010 and made a prayer for bail by filing a petition to that effect. The prayer was opposed by Sachin Kumar Dixit, who was a Practicing Advocate in the said Court and is the brother of the injured. He was accompanied by other contemnor Sabya Sachi Haldhar and 30-35 other unknown advocates and started pressurising the Presiding Judge to reject the prayer for bail of the accused. The Presiding Judge was of the view that all sections of offences being bailable, he could never reject the prayer for bail upon which the advocates present inside the court room, created a pandemonious situation and raised scale of their pressure upon the court to reject the prayer for bail and in case the same was not done, then wanted the court that the bail bond be sent for verification so that accused, who had surrendered, was sent to jail.

(3.) The court did not yield to the pressures and directed the admission of the accused Smt. Rinki Verma to bail on execution of a personal bond in the sum of Rs. 20,000/- with two sureties of the like amount each. When the bond was furnished, the advocates appearing for the informant and their other accompanying advocates came into the court rook to question the sureties, who had come to furnish their bonds as fake and at the same time the informant also filed an application for seeking the verification of the bond and the sureties and kept pressurising the court not to accept the bond so that the accused was sent to prison. The advocates entered inside the Chambers of the Presiding Judge when he refixed to it due to pandemonium and raised the pitch of their voice for pressurising him so that the accused was sent to prison.