Iqbal alias Bhattacharya and Anr. vs State of U.P.& Anr.

K. L. Sharma, J.—This is a criminal revision against the order dated 2381994 passed by the Sessions Judge, Jhansi in Crime Case No. 219 of 1992, P. S. Kotwali, district Jhansi under Sections 147, 148 and 302/149, I. P. C. whereby the application of revisionists for removal of the condition imposed in the bail order has been rejected.

I have heard the learned counsel for the revisionist, as well as, the learned A. G. A. and perused the material on record.

The counsel for the revisionist has contended that the condition imposed in the bail order is illegal bscause the revisionists have not been allowed to reside in their own house. In support of his contention he has cited Mewa Lal Maurya v. State of U. P, 1988 A Cr C 386: 1988 JIC 73 (All)and invited the attention to the provisions of Section 437 and 439 of Cr.P.C. It appears that the revisionist have not been allowed to reside in their own house in Mohalla Saiyer Gate where he has got his house and a shop. His father, however, has been permitted to run his aforesaid shop. It cannot be considered reasonable that the revisionist is prevented from residing in his own house even if the murder has taken place in the same Mohalla and withesses of the occurrence are residing there. Mere allegation that the accused persons were trying to tamper with the evidence does not justify this condition if the revisionists are permitted to reside in their own house and they commit mischief to terrorise or threaten the withesses, the Sessions Judge can cancel the bail on the application of the prosecution either by the Investigating officer or by prosecution withesses. In my opinion, the condition imposed in the bail order prohibiting the revisionists from residing in their own house is unreasonable and liable to be removed.

Consequently the revision is allowed and the condition imposed in the bail order dated 2571994 prohibiting the accused revisionists from residing in their own ancestral house in Mohalla Saiyer Gate, district Jhansi is hereby set aside subject to the condition that subsequently if the learned Sessions Judge receives any complaint against the accusedrevisionists for tampering with the evidence of the withesses he can consider the cancellation of the bail granted to the accused.

Revision allowed.