NARINDER KAUR Vs. HARI CHAND

JUDGEMENT

(1.) THIS order shall dispose of Cr1. Misc. No.1324 -M of 1989 as also Crl. Revision No.1284 of 1988. The facts have, however, been extracted from Cr1. Misc. No.1324 -M of 1989.

(2.) NARINDER Kaur seeks quashing of complaint, Annexure P -1, and summoning order, Annexure P -2, under Sections 166/342/500/120 -B of the Indian Penal Code.

(3.) BROADLY , Hari Chand, in his complaint has alleged that respondents 1, 2,3 and 5 dealt with him very harshly in a case wherein he was proceeded by the police under Section 107/151 Cr.P.C. and that harsh orders were passed by the accused -respondents 1 to 3 in connivance and conspiracy with petitioner. Respondent - S.S. Bains ordered the complain - ant to be released on bail on his furnishing personal bond in the sum of Rs. 30,000/ - with one surety in the like amount. The required bond and the surety bond were presented before Shri S.S. Bains on July 20, 1987 but he (Mr. Bains) with a smile towards G.S. Dhillon, rejected the bond with a direction to send the complainant to judicial lock -up till July 28, 1987. Consequently, the complainant was handcuffed. At time Shri S.S. Bains told the Naib Court that complainant should be taken on foot to the Central Jail, Jalandhar and that no vehicle should be provided for the purpose. Mr. Bains also told the counsel for the complainant that the complainant would be released only if surety attested by the Tehsildar was produced in the Court. It is further the case of the complainant that his counsel told Shri S.S. Bains that as per the judgments of the Supreme Court and this Court, bond for appearance could not be demanded but the accused - S.S. Bains proceeded to pass illegal orders.