Court No. - 20
Case :- BAIL No. - 9156 of 2009
Petitioner :- Mohd.Wali
Respondent :- State Of U.P.
Petitioner Counsel :- Ashutosh Bajpai
Respondent Counsel :- Govt.Advocate
Hon'ble Raj Mani Chauhan,J.
The report has been submitted by the Chief Judicial Magistrate, Bahraich, which is taken on record.
As per report, Sri Umesh Kumar Pandey, advocate filed an application for releasing the accused on bail
in compliance of the bail order pretending to have been granted by this Court in Crl Misc Case No.
9876 (B) of 2009 dated 01.12.2009. On the basis of bail order submitted by the counsel the accused
was ordered to be released on bail on filing personal bond of Rs. 50,000/- and two sureties in the like
amount by the Incharge Chief Judicial Magistrate. The learned counsel for the applicant informs that
neither any such bail application as mentioned in the order filed by Sri Pandey had been moved by any
counsel on behalf of the accused nor any bail order was passed thereon by the Court.
In the circumstances, it appears proper to call for the entire record from the Incharge Chief Judicial
Magistrate to ascertain as to whether the Incharge Chief Judicial Magistrate who had fixed amount of
bond and surety bonds of the accused and accepted his bail bonds had taken due care to ascertain
whether the bail order filed by Sri Umesh Kumar Pandey counsel for the accused was genuine or fake
and whether he had taken due care to verify the sureties before accepting their bail.
Therefore, summon the entire record relating to the filing of bail bonds by the accused by 21.01.2010.
Put up on 21.01.2010 for further order.
In the meantime, the office will get verified as to whether any bail application bearing Crl Misc Case
No. 9876 (B) of 2009 had ever been moved on behalf of the accused and any bail order dated
01.12.2009 was passed by this Court on such bail application.
Order Date :- 7.1.2010
Prajapati