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1 - 9 of 9 (0.19 seconds)Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 116 in The Code of Criminal Procedure, 1973 [Entire Act]
U.P. State Road Transport Corp. Thru ... vs Kuldeep Singh And Others on 6 February, 2023
3. Learned counsel for the petitioners submitted that proceedings under Sections 107/116 Cr.P.C. were initiated against them in Case Crime No. 02140 of 2021 (State of U.P. vs. Kuldeep and others) in connection with the Panchayat elections. Pursuant thereto, the petitioners were directed to furnish personal bonds of Rs. 5,00,000/-. The said directions were issued on 09.01.2021 and were duly complied with by the petitioners. It was submitted that the personal bonds and sureties required to be furnished under Sections 107/116 Cr.P.C. are for a specific and limited purpose, namely, to ensure maintenance of peace and good behaviour during the period of the Panchayat elections. The said elections concluded on 19.04.2021. However, despite the conclusion of the elections, the personal bonds of the petitioners were forfeited by the learned SDM under Section 122 Cr.P.C. on the basis of a criminal case registered as Case Crime No. 165 of 2021, under Sections 147, 149, 307 IPC, Police Station Shivpur, District Muzaffar Nagar.
Bijendra Singh And Anothers vs State Of U.P. And Anothers on 5 April, 2023
5. Learned counsel further submitted that the learned SDM had no authority to forfeit the bonds after the conclusion of the election period on the basis of an incident which allegedly took place thereafter. Accordingly, the order dated 12.01.2022 passed by the learned SDM under Section 122 Cr.P.C. in Case Crime No. 02140 of 2021 is liable to be set aside. It is also submitted that the aforesaid order was challenged in Criminal Revision No. 8 of 2022 (Bijendra and another vs. State of U.P. and another), but the revisional court also erred in affirming the order dated 12.01.2022. Hence, both the impugned orders are liable to be set aside.
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
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