VIJENDRA SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE petitioner in this writ petition, we are disposed to think, has conceived the idea that economy in litigation is an out-dated concept and should be ostracized and no court at any point of time show any parsimony, however, frivolous the litigation may be, and a litigant has the monopoly to make mockery of majesty of law. And, possibly, further nurturing the notion that he can deliver the unending monologue as if the Rule of Law is obliged to serve his monomania. The result, in quint-essentiality, is adulteration of the concept of justice dispensation system. Despite the flippancy and brazenness of the nature of litigation, asservations have been made to build an edifice as if it is the "pink of perfection". We can only say that the petitioner in his thought and action seems to be static imagining himself. to be a poem without words, thought without a thought, and if we allow ourselves to say, determined to suffocate the essential features of Rule of Law, the Magna carta of our democratic body polity.

(2.) WE have begun with the aforesaid prefatory note because the litigation is not only unusal but also a perplexing one. A petition under Section 439 of the code of Criminal Procedure was filed forming the subject-matter of m. Cr. C. No. 7041/2008 for obtaining bail in respect of offences punishable under section 120-B, 420, 468 and 471 of the Indian Penal Code and under Sections 13 (l) (d) read with 13 (2) of the Prevention of Corruption Act in respect of Special case No. 18/07 pending before the Special Judge for Central Bureau of Investigation cases at Jabalpur. The learned Single Judge referred to Section 437 of the Code of Criminal Procedure passed the following order:-

(3.) AFTER the aforesaid order came to be passed an application was filed for deletion of the condition as regards the deposit of amount as directed in the main order. The said application was filed under section 439 Cr. P. C. read with Section 482 Cr. P. C. The learned Single Judge placing reliance on the decision rendered in Hari Singh Mann vs. Harbhajan Singh Bajwa, (2001) 1 SCC 169 declined to modify the order, The said order was passed on 19. 12. 2008 in M. Cr. C. No. 10900/2008. Against the said order a Special Leave to Appeal (Criminal) No. 727/2009 was preferred. The Apex Court dismissed the said Special Leave Petition.