DHANI RAM Vs. STATE
LAWS(DLH)-1973-1-11
HIGH COURT OF DELHI
Decided on January 17,1973

DHANI RAM Appellant
VERSUS
STATE OF DELHI Respondents

JUDGEMENT

P. S. Safeer, J - (1.)Although no one has appeared on behalf of the petitioner yet I am to deal with the report submitted by Shri S. C. Chaturvedi, Addl. Sessions Judge, Delhi under section 488 of the Criminal Procedure Code, hereafter called "the Code"
(2.). The report recommends that the order dated the 11th September, 1972 passed by Shri C. D. Sharma, Sub Divisional Magistrate, Delhi under section 107 read with section 112 of the Code be set aside to the extent to which it contains the direction that the petitioner Dhani Ram may furnish bail bond for his continuous appearance in Court on the dates on which the procedings may be taken up.
(3.). According to the allegations against Dhani Ram, be alongwith one Paras Ram was engaged in selling cinema tickets at black-market rates when Fateh Singh, complainant contacted them. Dhani Ram and his companion were alleged to have offered to sell a ticket of the value of Rs. 1,65 to Fateh Singh for Rs. 4.00. Fateh Singh is alleged to have offered Rs. 2.00. An altercation is then alleged to have arisen and the prosecution case was that Sub Inspector Niranjan Malik reaching the spot apprehended Dhani Ram. Thereafter a report was sent by the S.H.O.Kashmiri Gate and on perusing the same on the 11th September, 1972 acting under sections 107/112 of the Code, the Sub Divisional Magistrate passed the following order :-
"Calandra presented today. Respondent present in custody. I have seen the police report and heard the respondent (s) at length. I am satisfied that there are sufficient grounds for proceeding against the respondent. Notice under section 107/112 Cr. P. C. accordingly been given to the respondent to show cause why he should not be order to execute a personal bond in the sum of Rs. 3000.00 along with one surety/two sureties in the like amoumt for keeping peace/good behaviour for a period of one year. The respondent desire to contest the notice. He is further ordered to execute a personal bond in the sum of Rs. 3000.00 with one surety in the like amount for appearance in the court. Summons with notice be issued to the other respondents. To come up on 19th September. 1972 for P. Ws.. sd/- (C. D Sharma) Sub Divisional Magistrate, Kotwali, Delhi."



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.