MURLIDHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) LIBERTY is the most ripened contribution of civilisation to humanity. A civilised society is inconceivable without endearment of personal liberty and individual freedom. From the days of yore every wise soul has nourished and nurtured the ideal of liberty and in fact, many have sacrificed their lives for cause of liberty. The progress of tradition, culture and heritage are dependent on protection of individual freedom. Emphasising the concept of liberty the Apex Court in the case of Kehar Singh vs. Union of India, A.I.R. 1980 S.C. 653 registered thus:

(2.) SANS unnecessary details, the factual position as has been undroped by the petitioners is that they have been arrayed as accused in connection with Crime No. 200/97 of Police Station Sakti, Distt. Bilaspur registered for offences punsihable under Section 147, 294, 323, 341, 307 and 452 of the Indian Penal Code (in short 'the IPC) on the allegation that they had assaulted the victim by 'lathi' and other weapon with the intention to cause his death. After they were apprehended they moved the learned Additional Sessions Judge, Sakti for grant of bail. The learned Additional Sessions Judge on consideration of the material on record admitted the petitioners to bail and while doing so imposed certain conditions, namely, the petitioners would not tamper with the witnesses; would appear personally in court on each date of hearing; and would not pickup quarrel with the informant. Apart from these conditions, it was also stipulated in the order that if any further case is registered against the petitioners at Sakti Police Station the order granting bail would automatically stand cancelled and they would be taken to custody as if there has been cancellation of the order enlarging them on bail as contemplated under Section 439 (2) of the Code of Criminal Procedure.

(3.) RESISTING the aforesaid submissions of the learned counsel for the petitioners, Mr. S.K. Gangrade, learned P.L. for State has urged that no fault can be found in the stipulation incorporated in the order granting bail as such a condition has been imposed taking into consideration the nature of the offence and to see that the accused persons conduct themselves with propriety and do not misuse or abuse their conditional liberty to impede a fair trial and gain mileage because of their freedom.