NATHU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has preferred this revision challenging the order passed by the learned trial Court dated 28/2/1994 thereby cancelling his bail and committing him to custody for the breach of the condition of bail allowed to him by that court.

(2.) The petitioner and three other accused persons were apprehended in Crime No. 191/92, registered for the offences, which were registered under sections 394 and 307 of I.P.C., but section 302 I.P.C. was subsequently added as injured Rajendra Singh had succummed to the injuries later. The accused-petitioner was allowed bail on 8/4/1993 under section 439 Cr. P.C. by the learned Sessions Judge, Bhind, on one of the conditions that the petitioner shall not have the boundaries of District Bhind, without prior permission of the Chief Judicial Magistrate, Bind.

(3.) Later on, the learned trial Court received the information that the petitioner along with his other associates committed an offence under section 394, I.P.C. on Datia-Seondha road within the jurisdiction of P.S. Tharet, District Datia. The allegations were that the miscreants looted the property from one Dayanand while he was going driving a tractor. The tractor was stopped and his wrist watch along with the cash money was looted on 11/12/1993. The report was lodged by Dayanand with Police Station-Tharet. Thereupon the Police became active and on the information of the informet, the petitioner was arrested from Kanjoli forest of Datia district, while he possessed a country made pistol (katta) with five live cartridges and the looted wrist watch. The petitioner was late released on bail by the Datia Court The copies of relevant papers were filed in the trial Court. Under the circumstances, the Court found that the petitioner had committed the breach of the bail condition by going beyond the boundaries of district Bhind, without the prior permission as was prescribed, and as such the bail was cancelled.