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TMI Blog2004 (6) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... is facing a corruption charge. It has been observed that even though the petitioner is on bail in the case aforesaid, but an application for cancellation of bail has been filed by the State, which is pending in the High Court. The Additional Sessions Judge further observed that if allowed to go abroad, the petitioner is not likely to return to India. It has, inter alia, been pleaded that from the perusal of the FIR, it would be clear that the petitioner has been falsely implicated in this case and during the investigation, he has produced before the Investigating Officer as well as the Court all relevant documents and his assets, which are mentioned in the FIR and he has given the proof of the same. He is having agricultural land, from whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udge has totally ignored these facts, while dismissing application for permission to go abroad. The petitioner is having huge property in India and for the same, documents had since already been produced before the Court. Furthermore, he is a Government employee. He is also having G.P.F. Account, which shows that a sum of ₹ 9.73,082/- is already lying in his account and apart from this, he is having sufficient landed agricultural property but these aspects have not been considered while dismissing the application. Daughter of the petitioner has been blessed with a son in USA and it is the custom in Rajput Community to go and see the daughter and her newly born baby but this aspect has not beep considered by learned Additional Sessions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal principle of criminal jurisprudence, as applies in this country, is that every person is innocent till proved guilty and further that the Court presumes a human being to behave normally and this presumption continues till such time some concrete material, like antecedents of an individual, is brought on record to show that he shall not behave in normal fashion. If, therefore, a person might undertake to do a particular act, the Court should presume that he shall do so unless there be reasons available from which it could be gathered that he shall not abide by the undertaking given by him. In the present case, learned Judge has not kept in mind either of the two principles, as have been mention above. I would like to add here that fundam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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