BABOO Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under Section 482 read with Section 483, Cr.P.C. praying that the Chief Judicial Magistrate, Bulandshahr be directed to withdraw from the court of Judicial Ma gistrate First, Bulandshahr the matter relating to the acceptance of personal surety bonds of the applicant for the purpose of her release on bail.

(2.) IN this case the petitioner has been prosecuted under Sections 4571380 and 411 of the Indian Penal Code. The petitioner, who is a lady, was allowed to be released on bail by this Court on July 25, 1973. She was to be released on furnishing bonds to the satisfaction of the Chief Judicial Magistrate. However, it appears that the Chief Judicial Magistrate transmitted the matter of bail also to Sri TXM. Arya, Judicial Magistrate First, Bulandshahr. The petitioner Was required to furnish two sureties which were furnished each of Rs. 6,0001 - on February 16, 1974. The Magistrate, however, insisted for local sureties, on September 19, 1974, local sureties were furnish ed supported by documents. They were sent for verification to the Station Officer of Police Station concerned. It appears that no report at all was submitted by the Police Station concerned. The petitioner then filed fresh sureties on December 6, 1974. The Magistrate direct ed the same to be verified by the Tahsildar as well as the Station Offi cer of the police station concerned.

(3.) IN the result, the petition is accordingly allowed. The Chief Judicial Magistrate, district Bulandshahr is directed to withdraw the matter relating to the acceptance of the surety bonds from the court of Shri D.M. Arya, Judicial Magistrate First, Bulandshahr and him self pass final orders with regard to the acceptance of surety bonds and releasing the petitioner on bail according to the order of this Court dated July 25, 1973. He shall dispose of the matter expeditiously in the light of the observations made above.