RAMESH KUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the imposition of the condition in the order dated 7. 10. 2005 whereby he has been directed to give specimen of his signature/handwriting to the Investigating Agency during the course of investigation.

(2.) THE brief facts of the case are that a case for offences under Sections 420 & 467 IPC was registered against the accused vide FIR No. 209/2005 registered at Police Station Niwai, District Tonk. Subsequently, the petitioner had moved a regular bail application under Section 439 of the Criminal Procedure Code (henceforth to be referred to as `the Code' for short ). While granting the benefit of a regular bail to the accused petitioner vide order dated 7. 10. 2005, the learned Court below was pleased to impose a condition as under: ***

(3.) IN the present case, since a charge-sheet was not filed by the police when the regular bail application was listed before the Court below, and the investigation was continuing, the learned Court below could not have imposed the above-noted condition. For such a power has not been bestowed upon the Court under Section 73 of the Evidence Act. Section 73 of the Evidence Act comes into play only after the investigation is complete and the proceeding is pending before the Court and the accused person is present before the Court. Such a power cannot be utilized while the investigation is pending. IN the light of Ram Babu's case (supra), we are inclined to quash and set aside the condition imposed by the learned Court below vide order dated 7. 10. 2005.