High Court of Judicature at Allahabad
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Smt. Neelam Singhal v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. 14574 of 2006  RD-AH 20504 (4 December 2006)
COURT NO. 45
CRIMINAL MISC. WRIT PETITION NO. 14574 OF 2006
Smt. Neelam Singhal..................................Petitioner.
State of U.P. and another............................Respondents.
Hon. Mrs. Poonam Srivastav, J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Submission is that the petitioner was released on bail by the Investigating Officer on furnishing bail bonds. After completion of the investigation, charge sheet has been submitted by the police. The Magistrate took cognizance. The order sheet has been annexed to substantiate the argument that the petitioner was on bail during the proceedings and various orders disclose the fact that she was on bail. An application was moved at the instance of the petitioner for fixing the amount of security and personal bond after submission of the charge sheet. The Magistrate was of the view that since offence alleged appears to be punishable by the imprisonment, therefore, decision of Hon'ble High Court (Lucknow Bench) reported in L.Cr.R. 2001 (2) page 360 Smt. Radha Devi Vs. State of U.P. and another will not apply to the facts of the present case and directed the petitioner to surrender and obtain bail. The order of the Magistrate was challenged in revision. The revisional court dismissed the revision vide order dated 9.11.2006. Both the orders are impugned in the instant writ petition.
I dispose of the instant writ petition with a direction to the Magistrate that in the event the petitioner furnishes fresh bail bond to the satisfaction of the court concerned, the same shall be accepted and she will not be required to surrender and go to jail. It is made clear that this liberty shall not be violated during the trial. The petitioner will cooperate with the trial as the matter relates to the year 2001.
The Magistrate is further directed that the trial should be completed as expeditiously as possible.
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