SHEO KUMAR AGARWAL Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Both these two petitions u/s 482 Cr.P.C. arose out of the same order, and therefore, they are heard together and disposed by a common judgment. Crl. Revision No. 76/97 is directed against the order dated 5.12.96 passed by the Deputy Commissioner, Changlang, more particularly the adverse remarks made against the petitioner, and prays for expunction thereof.

(2.) The Crl.Revision No. 77/97 is preferred by the accused person who was ordered to be released on bail. His contention is that the impugned order dated 5.12.96 passed by the Deputy Commissioner is not only malafide but also vindictive towards the petitioner. The hew conditions imposed by the Deputy Commissioner in the impugned order (Annexure-B) are as follows:

(3.) The petitioner of Crl. Revision No. 76/ 97 Shri Sheo Kumar Agarwal is a practising Advocate and member of the Tinsukia Bar Association, but at times has to attend the Courts in Arunachal Pradesh. He was engaged by Shri Longkhap Mirang Ye tiger (petitioner in Crl. Revn. No. 77/97) who was arrested by the Police on 10.8,96 in connection with jainmpur PS Case No. 11/96 and kept in jail custody, A bail application Criminal Original Application No. 1103/96 was moved on behalf of the accused before this Honble Court and by order dated 29.11.96 the said accused was ordered to be released on bail, on furnishing a bond of Rs. 5000/- with one surety of like amount to the satisfaction of the Deputy Commissioner, Changlang. The petitioner on 2.12.96 filed an application before the Deputy Commissioner along with the above order passed by the High Court and the bond as directed. It was placed before the Additional Deputy Commissioner, who was in charge. The Additional Deputy Commissioner in his turn referred the application to Shri R.K. Sharma, Extra Assistant Commissioner (Judicial) to accept the bond. It was he, who has passed the remand orders on earlier occasions in this very case. He accepted the Bond and released the accused on bail, On 21.1.97 the petitioner was served with a copy of the order passed by the Deputy Commissioner on 5.12.96 with a covering letter dated 24.12.96 issued by Shri R.K.Sharma, E.A.C. The order itself is explanatory and reproduced hereinbelow: