# Manish v. State of U.P. and another - **Citation:** (2008) 1 ILRA 274 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2008-02-19 - **Case number:** Criminal Misc. Application No. 1399 of 2008 - **Bench:** B.A. Zaidi - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/manish-v-state-of-u-p-and-another-41030 - **Pages:** 2 ## Headnote Constitution of India, Art. 226Advertisment-application be send through Regd. Post-petitioner with intention to ensure receiving within 24 hours-send through speed post-both services rendered by the India post and Telegraph Department-authorities can not refuse such application-send through speed post. Held: Para 6 In view of the above, I am of the opinion that both Speed post or registered post are services rendered by Indian Post and Telegraph Department which ensures strict delivery of post and mere making clause in the advertisement that application will be sent through registered post, the respondent cannot refuse the application of the petitioner on the pretext that it had not been sent by the registered post but had been sent by the Speed Post which is equally efficacious post. ## Text 274 INDIAN LAW REPORTS ALLAHABAD SERIES [2008 of the First Statutes of the Universities framed under-the provisions of U.P. State of Universities Act, 1973. 24. In the totality of the circumstances, as noticed herein above, we have no hesitation to record that the order of Vice-Chancellor of the University dated 8th September, 2007 is illegal and deserves to be quashed. It is ordered accordingly. 25. Let the Vice-Chancellor of the University re-examine the dispute between the parties qua officiating appointment on the post of Principal of the college in terms of the observations made by us herein above afresh after affording opportunity of hearing to the parties concerned, by means of a reasoned speaking order, preferably within four weeks from the date a certified copy of this order is filed before him. 26. With the aforesaid observations/directions, both the writ petition no. 59709 of 2007 and writ petition no. 57894 of 2007 are disposed of finally. --------- APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 19.02.2008 BEFORE THE HON'BLE B.A. ZAIDI, J. Criminal Misc. Application No. 1399 of 2008 Manish ...Applicant Versus State of U.P. and another ...Respondents Counsel for the Applicant: Sri Raj Kumar Counsel for the Opposite Parties: Sri Mohammad Israil Siddiqui A.G.A. Code of Criminal Procedure-Section 482demand of local sureties-accused belong to District Bulandshahr-Bail granted by Session Judge Gautam Budh Nagar-heldorder manifestly callous and cruel against in Moti Ram's case-order set a side so for it concern to demand of local sureties. Held: Para 6 Even if, the aforesaid pronouncement of the Supreme Court was not within the knowledge of the learned Judge and was not brought to his notice, the order is manifestly callous and cruel. How will an accused, who knows no one in a district, where he is being prosecuted and belongs to another district, would bring local sureties. The amount of bail bond also seems to be on higher side. This order for demanding local sureties for an amount of Rs.35,000/- each is set aside. The learned Judge will rectify the order accordingly. Case law discussed: AIR 1978 SC-1594 relied on. (Delivered by Hon'ble B.A. Zaidi, J.) 1. In Case Crime No. 388/2007 under Sections 379, 411 I.P.C. Police Station Sector-39 Noida district Gautam Budh Nagar, bail was granted by Sessions Judge (on 3.11.2007) and the accused (applicant) was asked to furnish two local sureties for a sum of 35,000/-. 2. The accused applied that he belongs to Auraiya and it is difficult for him to procure two local sureties and he produced two sureties residents of district Bulandshahr, which the Sessions Judge declined to accept by order dated 15.11.2007 without giving any reason. 1 All] Manish V. State of U.P. and another 275 3. That is what brings the applicant here under section 482 Cr.P.C. 4. Heard Sri Raj Kumar, Advocate for the applicant and Sri Sri Mohammad Israil Siddiqui, Addl Government Advocate for the State. 5. The order of Judge is violative of Article 14 of the Constitution of India, as held in the case of Moti Ram and others versus State of Madhya Pradesh (AIR 1978 S.C. 1594), where the Hon'ble Supreme Court held that demand of local sureties is violative of Article 14 of the Constitution of India. 6. Even if, the aforesaid pronouncement of the Supreme Court was not within the knowledge of the learned Judge and was not brought to his notice, the order is manifestly callous and cruel. How will an accused, who knows no one in a district, where he is being prosecuted and belongs to another district, would bring local sureties. The amount of bail bond also seems to be on higher side. This order for demanding local sureties for an amount of Rs.35,000/- each is set aside. The learned Judge will rectify the order accordingly. 7. With these observations, the application is disposed of. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 16.01.2008 BEFORE THE HON'BLE BHARATI SAPRU, J. Civil Misc. Writ Petition No. 1051 of 2008 Smt. Poonam Yadav ...Petitioner Versus Director Health Service Department and others ...Respondents Counsel for the Petitioner: Sri Jawahar Yadav Sri B.R. Sharma Counsel for the Respondents: S.C., Addl. Solicitor General of India Constitution of India, Art. 226Advertisment-application be send through Regd. Post-petitioner with intention to ensure receiving within 24 hours-send through speed post-both services rendered by the India post and Telegraph Department-authorities can not refuse such application-send through speed post. Held: Para 6 In view of the above, I am of the opinion that both Speed post or registered post are services rendered by Indian Post and Telegraph Department which ensures strict delivery of post and mere making clause in the advertisement that application will be sent through registered post, the respondent cannot refuse the application of the petitioner on the pretext that it had not been sent by the registered post but had been sent by the Speed Post which is equally efficacious post.