MEENU @ SACHIN JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted on an application under Section 482 of the Cr.P.C. invoking inherent powers of the High Court. It is directed against the order dated 02.03.2016 passed by the Court of First Additional Sessions Judge, Damoh in criminal revision no.42/2014, whereby learned Additional Sessions Judge had affirmed the order dated 02.04.2014 passed by the Court of Sub-Divisional Magistrate, Tendukheda, District-Damoh in Istegasa No. 01/2013 of Criminal Case No. 575/2013 under Section 122(1)(b) of the Cr.P.C.

(2.) The facts giving rise to this miscellaneous criminal case may be summarized as hereunder. S.H.O, P.S.-Jabera, District- Damoh instituted a case under Section 110 of the Cr.P.C. against the petitioner Meenu @ Sachin Jain alleging that the petitioner is a habitual offender. Three criminal cases have been registered against him. He has let loose a reign of terror in the area comprised in P.S.-Jabera; therefore, the common public is afraid of lodging report against him in the police station or deposing against him in the Court. In these circumstances, feeling of insecurity is prevailing in the society and there is apprehension of breach of peace. Petitioner Meenu @ Sachin is a dare devil and it is dangerous for the society to leave him free to commit offences; therefore, it would be appropriate to bind him over for keeping peace and maintaining good behaviour, particularly in view of the Vidhan Sabha and Lok-Sabha Elections due to be held in the years, 2013 and 2014. After following due procedure, the petitioner was directed by order dated 18.02.2013 passed by the Sub- Divisional Magistrate, Tendukheda, to furnishing a bond in the sum of Rs.10,000/- for maintaining good behaviour and keeping peace for a period of two years. Accordingly, the petitioner furnished a bond with one surety in the sum of Rs.10,000/- on 18.02.2013. He bound himself to be of good behaviour towards the union of India and the citizens of India. The text of the bond is herein below reproduced:

(3.) Subsequently, on 01.11.2013, S.H.O., P.S.-Jabera filed another Istegasa against the petitioner Meenu @ Sachin alleging that after furnishing the aforesaid bond, he had committed the offence punishable under Sections 147 , 148 , 353 , 332 , 186 , 394 and 506 of the IPC on 23.06.2013. The same has been registered in P.S.- Jabera as crime no. 384/2013 and charge-sheet no. 329/2013 has been filed in the Court of Chief Judicial Magistrate, Damoh on 01.08.2013. As such, the petitioner has committed the breach of the terms and conditions of the bond furnished by him on 18.02.2013. Therefore, it was prayed that the bond be forfeited and the amount of Rs.10,000/- be recovered from the petitioner and under the provisions of Section 122 (1) (b) of the Cr.P.C ., petitioner be taken into custody and detained in prison until the expiry of period of bond.