Thursday, June 2, 2011

Medarticles Reg: I am in need of full text articles

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Dear Friends;

Am in need of full text articles. Please upload here also.

Thanks in advance
Sudheer J. (Manju)

Ruiz D, Egea J, Gil MI, Tomas-Barberan FA. Phytonutrient content in
new apricot (Prunus armeniaca L.) varieties. Acta Horticulturae.
2006;717:363-365.
http://www.actahort.org/books/717/717_73.htm
ISSN 0567-7572
Publisher ISHS; 1999

Glaser DA. Anti-aging products and cosmeceuticals. Facial Plast Surg
Clin North Am. 2004 Aug;12(3):363-72, vii.
http://www.ncbi.nlm.nih.gov/pubmed/15261173
http://www.facialplastic.theclinics.com/article/S1064-7406%2804%2900032-X/abstract
PII: S1064-7406(04)00032-X
doi:10.1016/j.fsc.2004.03.004

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[socialactionfoundationforequity:13936 Crimes Against Humanity in Syria

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--- On Fri, 3/6/11, Human Rights Watch <news@hrw.org> wrote:

From: Human Rights Watch <news@hrw.org>
Subject: Crimes Against Humanity in Syria
To: "Avnish Jolly" <avnishjolly@yahoo.com>
Date: Friday, 3 June, 2011, 4:12

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The Week In Rights
June 2, 2011
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Crimes Against Humanity in Syria
Protesters Killed and Tortured; Civilians Denied Food, Water, Medicine
As the UN Security Council considers imposing sanctions on Syria, a new Human Rights Watch report concludes that the Syrian government's systematic killing and torture of protesters could qualify as crimes against humanity.  
Some of the worst violence during the protests, which started in mid-March, was in and near Daraa, a city of about 80,000 near Jordan. Victims and witnesses gave consistent statements about the killings, beatings, torture using electroshock devices, and detention of people seeking medical care by security forces. Hundreds of people were detained, and all detainees interviewed said they had been tortured.
According to local activists, security forces killed 418 people in and around Daraa, and more than 887 across Syria.
In late April, security forces laid siege to Daraa, occupying every neighborhood in the city and cutting off electricity and communications. Daraa residents experienced acute shortages of food, water, and medicine.
For more than two months now, Syrian security forces have been killing and torturing their own people with complete impunity. They need to stop – and if they don't, it is the Security Council's responsibility to make sure that the people responsible face justice.
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Photo: © 2011 Private
Guinea's Future Hangs in the Balance
New President's Actions can Reverse Legacy of Abuse
"For 52 long years, the people of Guinea have really suffered from the effects of impunity and corruption," a Guinean man told us. "We have lived in darkness - no electricity, no water, no opportunities for our children. Those in power have ruined the lives of generation after generation."
Guinea's future hangs in the balance, says a new report based on more than 200 interviews. President Alpha Condé's actions – or inaction – will either create a positive human rights trajectory or trap Guinea in a continuing cycle of abuse.
Since Guinea's independence from France in 1958, its rulers have used militias and security forces to repress independent voices. Thousands have been tortured, starved, or beaten to death. Those responsible need to be held accountable. But judges and lawyers say they don't have enough money to conduct investigations, adequately pay staff, or sometimes even feed prisoners. For effective prosecutions, Guinea needs to strengthen its judiciary.
Despite its wealth of ores and minerals, Guinea remains one of the world's poorest countries. Transparent budgets and natural resource contracts are necessary for Guinea's entire population to benefit from this wealth.
A truth-telling commission should be established to uncover the roots of the abuse and help prevent new violence.
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Read more »
Photo: © 2010 Issouf Sanogo/AFP/Getty Images
Most Popular Headlines
Vietnam: Free Maverick Legal Activist
Dr. Cu Huy Ha Vu's conviction is yet another black mark on Vietnam's dismal human rights record and shows that the government will go to whatever lengths necessary to silence a prominent critic. But in their appetite for retribution, the Vietnamese authorities may have bitten off more than they can chew.
Georgia: Police Used Excessive Force on Peaceful Protests
Even if the Tbilisi demonstration was unauthorized, nothing can justify the beating of largely peaceful demonstrators. The government took a positive step in offering protesters an alternative venue. But police should never have resorted to beating protesters who posed no threat.
Rwanda: Mixed Legacy for Community-Based Genocide Courts 
Rwanda's ambitious experiment in transitional justice, the community-based gacaca courts, will leave a mixed legacy. The courts have helped Rwandans better understand what happened in 1994, but in many cases flawed trials have led to miscarriages of justice.

Editor's Picks
Austria: Press Russia on Chechen Murder Link 
The conviction of three men this week in the fatal kidnapping attempt of a Chechen refugee and former rebel fighter in Vienna is a good beginning in the effort to uncover all those responsible in this case. Real justice means tracing the links between his murder and Chechen leadership.
No Safe Haven?
by Kenneth Roth
Foreign Policy 

The arrest of the notorious fugitive Ratko Mladic almost 16 years after his indictment for genocide closes a gaping hole in the otherwise laudable efforts to bring to justice the authors of "ethnic cleansing" in the Balkans. Of the alleged architects of that slaughter, Mladic, the wartime Bosnian Serb military leader, was arguably the most ruthless.
Death and Drugs in Colombia
by Daniel Wilkinson
New York Review of Books

In February 2003, the mayor of a small town on Colombia's Caribbean coast stood up at a nationally televised meeting with then President Álvaro Uribe and announced his own murder. Pacing back and forth before the President, Díaz delivered what was probably the first public denunciation of a web of violence and corruption involving politicians and paramilitary groups. Singling out several local officials, Díaz declared: "And now they're going to kill me."


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Medarticles Reg: Ebook required

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Dear Frineds/Sir;

I am in need of this Ebook. If possible please upload here
also..........

The Review of Natural Products, 6th Edition (Bound)

Product Code: 978-1-57439-314-9
ISBN-10: 1-57439-314-6

http://www.factsandcomparisons.com/review-of-natural-products-bound.aspx

Regards
Sudheer J. (Manju)

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Medarticles Please

Buzz It
Dear Friends;

I am in need of full text articles. Please upload here also. These
articles are very much needed by.

Regards.

Sudheer J. (MANJU)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
Okpanyi SN, Ezeukwu GC. Anti-inflammatory and antipyretic activities
of Azadirachta indica. Planta Med. 1981 Jan;41(1):34-9.
DOI: 10.1055/s-2007-971670
http://www.ncbi.nlm.nih.gov/pubmed/6972048
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
Patel VK, Venkatakrishna-Bhatt H. Folklore therapeutic indigenous
plants in periodontal disorders in India (review, experimental and
clinical approach). Int J Clin Pharmacol Ther Toxicol. 1988 Apr;
26(4):
176-184.
PMID: 3042642 [PubMed - indexed for MEDLINE]
http://www.ncbi.nlm.nih.gov/pubmed/3042642
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sastravaha G, Gassmann G, Sangtherapitikul P, Grimm WD. Adjunctive
periodontal treatment with Centella asiatica and Punica granatum
extracts in supportive periodontal therapy. J Int Acad Periodontol.
2005;7(3):70-79.
PMID: 16022023 [PubMed - indexed for MEDLINE]
http://www.ncbi.nlm.nih.gov/pubmed?term=Adjunctive%20periodontal%20tr...
http://www.biomedsearch.com/nih/Adjunctive-periodontal-treatment-with...
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
Clark DT, Gazi MI, Cox SW, Eley BM, Tinsley GF. The effects of Acacia
arabica gum on the in vitro growth and protease activities of
periodontopathic bacteria. J Clin Periodontol. 1993;20(4):238-243.
DOI: 10.1111/j.1600-051X.1993.tb00351.x
http://onlinelibrary.wiley.com/doi/10.1111/j.1600-051X.1993.tb00351.x...
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
Gazi MI. The finding of antiplaque features in Acacia Arabica type of
chewing gum. J Clin Periodontol. 1991 Jan;18(1):75-77.
DOI: 10.1111/j.1600-051X.1991.tb01123.x
http://onlinelibrary.wiley.com/doi/10.1111/j.1600-051X.1991.tb01123.x...
--------------------------------------------------------------------------------------------------------------------------------------------------------------------

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rec.bicycles.racing - 25 new messages in 7 topics - digest

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rec.bicycles.racing
http://groups.google.com/group/rec.bicycles.racing?hl=en

rec.bicycles.racing@googlegroups.com

Today's topics:

* Cycling must 'dare to change' - 4 messages, 4 authors
http://groups.google.com/group/rec.bicycles.racing/t/49c4e48db4f8d388?hl=en
* Fabiani--Dumb and Dumber - 4 messages, 3 authors
http://groups.google.com/group/rec.bicycles.racing/t/f78932074670ef38?hl=en
* You Can Crash While Cycle Racing Without Road Rash - 11 messages, 3 authors
http://groups.google.com/group/rec.bicycles.racing/t/5560af32646c56e7?hl=en
* Ping: Anton - 2 messages, 2 authors
http://groups.google.com/group/rec.bicycles.racing/t/60cc25b0b70f3f92?hl=en
* CBS To Armstrong's Attorneys-- - 1 messages, 1 author
http://groups.google.com/group/rec.bicycles.racing/t/6ae19c98e9f84a00?hl=en
* Doping and game theory - 2 messages, 2 authors
http://groups.google.com/group/rec.bicycles.racing/t/21cd5ff36be29132?hl=en
* They are now going on to bike paths to run us down. - 1 messages, 1 author
http://groups.google.com/group/rec.bicycles.racing/t/7c1f9e12fadefe92?hl=en

==============================================================================
TOPIC: Cycling must 'dare to change'
http://groups.google.com/group/rec.bicycles.racing/t/49c4e48db4f8d388?hl=en
==============================================================================

== 1 of 4 ==
Date: Thurs, Jun 2 2011 9:34 am
From: Fred Flintstein


On 6/2/2011 8:28 AM, Anton Berlin wrote:
> On Jun 2, 8:01 am, Fred Flintstein<bob.schwa...@sbcremoveglobal.net>
> wrote:
>> On 6/2/2011 7:40 AM, Anton Berlin wrote:
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>> On Jun 2, 12:00 am, "Mike Jacoubowsky"<Mi...@ChainReaction.com>
>>> wrote:
>>>> "Zenon"<zenon_jask...@hotmail.com> wrote in message
>>
>>>> news:a55333ba-2265-4f39-97c5-e7b0dcd1b656@h12g2000pro.googlegroups.com...
>>
>>>>> http://news.bbc.co.uk/today/hi/today/newsid_9490000/9490860.stm
>>
>>>> "The question now is whether one of the world's dirtiest sports can lead
>>>> the cleanup."
>>
>>>> Slow news day, eh?
>>
>>>> --Mike-- Chain Reaction Bicycleswww.ChainReactionBicycles.com
>>
>>> Can you point to a dirtier more corrupt sport ?
>>
>> Tennis. Soccer. NBA Basketball. Hockey.
>>
>> The whole fucking Olympics movement, top to bottom.
>>
>> Dumbass.
>>
>> F
>
> Bullshit - show the stats you fucking cunt.
>
> There are more positive tests in cycling and more org corruption (UCI)
> than perhaps all others combined. And in %s cycling wins hands
> down
>
> You really do have your head up your ass Schwartzstein McJewstein

That's why cycling should conduct their sport the way the other
sports I mentioned do. The positive tests would stop and we could
get back to the sport.

Ask google about Chris Herren, he's been in the news lately. What
you'll find is that in the NBA freakin' HORSE(!) is under the radar.
The difference with cycling is that basketball isn't run by morons.

F

PS And when you watch the next Winter Olympics in Russia, ask
yourself how this could happen in an organization that is less
corrupt than the UCI.


== 2 of 4 ==
Date: Thurs, Jun 2 2011 10:34 am
From: Jim Feeley


Zenon <zenon_jaskula@hotmail.com> wrote:

> http://news.bbc.co.uk/today/hi/today/newsid_9490000/9490860.stm

Didn't they run the same story in 1960, 1967, 1984, 1988, 1998, 2006,
and other years?


Jim
--
Jim
Jim Feeley
POV Media

== 3 of 4 ==
Date: Thurs, Jun 2 2011 11:05 am
From: "FAT"


Bodybuilding.

"Anton Berlin" wrote in message
news:9893653e-0f4e-4eea-bbe0-38d652babbe6@r20g2000yqd.googlegroups.com...

On Jun 2, 12:00 am, "Mike Jacoubowsky" <Mi...@ChainReaction.com>
wrote:
> "Zenon" <zenon_jask...@hotmail.com> wrote in message
>
> news:a55333ba-2265-4f39-97c5-e7b0dcd1b656@h12g2000pro.googlegroups.com...
>
> >http://news.bbc.co.uk/today/hi/today/newsid_9490000/9490860.stm
>
> "The question now is whether one of the world's dirtiest sports can lead
> the cleanup."
>
> Slow news day, eh?
>
> --Mike-- Chain Reaction Bicycleswww.ChainReactionBicycles.com

Can you point to a dirtier more corrupt sport ?

== 4 of 4 ==
Date: Thurs, Jun 2 2011 11:48 am
From: Scott


On Jun 2, 6:40 am, Anton Berlin <truth_88...@yahoo.com> wrote:
> On Jun 2, 12:00 am, "Mike Jacoubowsky" <Mi...@ChainReaction.com>
> wrote:
>
> > "Zenon" <zenon_jask...@hotmail.com> wrote in message
>
> >news:a55333ba-2265-4f39-97c5-e7b0dcd1b656@h12g2000pro.googlegroups.com...
>
> > >http://news.bbc.co.uk/today/hi/today/newsid_9490000/9490860.stm
>
> > "The question now is whether one of the world's dirtiest sports can lead
> > the cleanup."
>
> > Slow news day, eh?
>
> > --Mike--     Chain Reaction Bicycleswww.ChainReactionBicycles.com
>
> Can you point to a dirtier more corrupt sport ?

Football ( NFL & FIFA ) MLB, track & field...

==============================================================================
TOPIC: Fabiani--Dumb and Dumber
http://groups.google.com/group/rec.bicycles.racing/t/f78932074670ef38?hl=en
==============================================================================

== 1 of 4 ==
Date: Thurs, Jun 2 2011 10:55 am
From: ilan


On Jun 2, 5:37 pm, "Benjo Maso" <benjo.m...@upcmail.nl> wrote:
> "ilan"  schreef in berichtnews:fb310258-8833-4180-ac38-725a0539dd12@k3g2000prl.googlegroups.com...
>
> On Jun 2, 3:49 pm, "Benjo Maso" <benjo.m...@upcmail.nl> wrote:
>
>
>
>
>
>
>
>
>
> > "ilan"  schreef in
> > berichtnews:c4889e91-f347-4827-8311-d999bc348a45@18g2000prd.googlegroups.com...
>
> > On Jun 2, 12:43 pm, BL <b...@verizon.net> wrote:
>
> > > Now taking on Associated
> > > Press.http://hosted.ap.org/dynamic/stories/C/CYC_DOPING_ARMSTRONG?SITE=AP&S...
>
> > This latest attack in fact gives the Armstrong camp their strongest
> > defense against these allegations:
>
> > "It was a unique situation and in those circumstances, it's not
> > appropriate for athletes or an athlete's entourage to be meeting with
> > lab operators," Howman said Wednesday. "Even if the meeting is as
> > innocent as the day is long, the perception it gives to other athletes
> > and members of the public is wrong, because the principle of anonymity
> > is what we rely on with labs."
>
> > This implies that knowledge by the laboratory that the suspicious
> > samples belonged to Armstrong immediately makes the samples void,
> > since the principle of anonymity has been violated.
>
> > I don't think so. If the first three of every stage and the man wearing
> > the
> > golden jersey have been tested, Armstrong is the only one to have been
> > tested five times. If five samples of the same rider were suspicious, it's
> > impossible not to know they belonged to Armstrong.
>
> > Benjo
>
> If the scientific protocol is respected, then the laboratory cannot
> know if samples from one day to the next are from the same rider.
> Therefore, your argument is invalid, if the protocol is respected. If
> the protocol is not respected, then the test is invalid.
>
> They must not know if the samples are from the same rider before the
> testing. But as soon they are tested the laboratory must at least be capable
> to compare them, if only to check if they samples are indeed from the same
> person.
>
> benjo

I do not see the reasoning behind your statement. On the contrary,
since all samples are anonymous, then the testing procedure does not
compare one sample to another. The laboratory has no need to know
whether samples from different days are from the same rider in order
to decide if a particular sample is positive. The identification of
the rider is done independently of the rider.

-ilan


== 2 of 4 ==
Date: Thurs, Jun 2 2011 2:40 pm
From: Phil H


On Jun 2, 6:49 am, "Benjo Maso" <benjo.m...@upcmail.nl> wrote:
> "ilan"  schreef in berichtnews:c4889e91-f347-4827-8311-d999bc348a45@18g2000prd.googlegroups.com...
>
> On Jun 2, 12:43 pm, BL <b...@verizon.net> wrote:
>
> > Now taking on Associated
> > Press.http://hosted.ap.org/dynamic/stories/C/CYC_DOPING_ARMSTRONG?SITE=AP&S...
>
> This latest attack in fact gives the Armstrong camp their strongest
> defense against these allegations:
>
> "It was a unique situation and in those circumstances, it's not
> appropriate for athletes or an athlete's entourage to be meeting with
> lab operators," Howman said Wednesday. "Even if the meeting is as
> innocent as the day is long, the perception it gives to other athletes
> and members of the public is wrong, because the principle of anonymity
> is what we rely on with labs."
>
> This implies that knowledge by the laboratory that the suspicious
> samples belonged to Armstrong immediately makes the samples void,
> since the principle of anonymity has been violated.
>
> I don't think so. If the first three of every stage and the man wearing the
> golden jersey have been tested, Armstrong is the only one to have been
> tested five times. If five samples of the same rider were suspicious, it's
> impossible not to know they belonged to Armstrong.
>
> Benjo

At the time of testing the samples were anonymous. The fact that it
can be figured out "after" the result doesn't necessarily invalidate
that result. It depends on whether the method used could have
identified the sample before or during the test or in some way allowed
the result to be fudged. An example of this would be switching
identifiers with a failed or clean sample and its B sample. On the
other hand, any further testing of those samples is arguably severely
compromised.
Phil H


== 3 of 4 ==
Date: Thurs, Jun 2 2011 2:45 pm
From: BL


On 6/2/2011 5:40 PM, Phil H wrote:
> On Jun 2, 6:49 am, "Benjo Maso"<benjo.m...@upcmail.nl> wrote:
>> "ilan" schreef in berichtnews:c4889e91-f347-4827-8311-d999bc348a45@18g2000prd.googlegroups.com...
>>
>> On Jun 2, 12:43 pm, BL<b...@verizon.net> wrote:
>>
>>> Now taking on Associated
>>> Press.http://hosted.ap.org/dynamic/stories/C/CYC_DOPING_ARMSTRONG?SITE=AP&S...
>>
>> This latest attack in fact gives the Armstrong camp their strongest
>> defense against these allegations:
>>
>> "It was a unique situation and in those circumstances, it's not
>> appropriate for athletes or an athlete's entourage to be meeting with
>> lab operators," Howman said Wednesday. "Even if the meeting is as
>> innocent as the day is long, the perception it gives to other athletes
>> and members of the public is wrong, because the principle of anonymity
>> is what we rely on with labs."
>>
>> This implies that knowledge by the laboratory that the suspicious
>> samples belonged to Armstrong immediately makes the samples void,
>> since the principle of anonymity has been violated.
>>
>> I don't think so. If the first three of every stage and the man wearing the
>> golden jersey have been tested, Armstrong is the only one to have been
>> tested five times. If five samples of the same rider were suspicious, it's
>> impossible not to know they belonged to Armstrong.
>>
>> Benjo
>
> At the time of testing the samples were anonymous. The fact that it
> can be figured out "after" the result doesn't necessarily invalidate
> that result. It depends on whether the method used could have
> identified the sample before or during the test or in some way allowed
> the result to be fudged. An example of this would be switching
> identifiers with a failed or clean sample and its B sample. On the
> other hand, any further testing of those samples is arguably severely
> compromised.
> Phil H
Quite right.


== 4 of 4 ==
Date: Thurs, Jun 2 2011 3:12 pm
From: ilan


On Jun 2, 11:40 pm, Phil H <pholma...@gmail.com> wrote:
> On Jun 2, 6:49 am, "Benjo Maso" <benjo.m...@upcmail.nl> wrote:
>
>
>
>
>
>
>
>
>
> > "ilan"  schreef in berichtnews:c4889e91-f347-4827-8311-d999bc348a45@18g2000prd.googlegroups.com...
>
> > On Jun 2, 12:43 pm, BL <b...@verizon.net> wrote:
>
> > > Now taking on Associated
> > > Press.http://hosted.ap.org/dynamic/stories/C/CYC_DOPING_ARMSTRONG?SITE=AP&S...
>
> > This latest attack in fact gives the Armstrong camp their strongest
> > defense against these allegations:
>
> > "It was a unique situation and in those circumstances, it's not
> > appropriate for athletes or an athlete's entourage to be meeting with
> > lab operators," Howman said Wednesday. "Even if the meeting is as
> > innocent as the day is long, the perception it gives to other athletes
> > and members of the public is wrong, because the principle of anonymity
> > is what we rely on with labs."
>
> > This implies that knowledge by the laboratory that the suspicious
> > samples belonged to Armstrong immediately makes the samples void,
> > since the principle of anonymity has been violated.
>
> > I don't think so. If the first three of every stage and the man wearing the
> > golden jersey have been tested, Armstrong is the only one to have been
> > tested five times. If five samples of the same rider were suspicious, it's
> > impossible not to know they belonged to Armstrong.
>
> > Benjo
>
> At the time of testing the samples were anonymous. The fact that it
> can be figured out "after" the result doesn't necessarily invalidate
> that result. It depends on whether the method used could have
> identified the sample before or during the test or in some way allowed
> the result to be fudged. An example of this would be switching
> identifiers with a failed or clean sample and its B sample. On the
> other hand, any further testing of those samples is arguably severely
> compromised.
> Phil H

First of all, it is unclear that the samples were anonymous, if this
Swiss lab did actually report that they belonged to Armstrong.
Secondly, none of these samples has any validity as proof of doping,
no matter what result is found, since the B sample wasn't tested.

-ilan

==============================================================================
TOPIC: You Can Crash While Cycle Racing Without Road Rash
http://groups.google.com/group/rec.bicycles.racing/t/5560af32646c56e7?hl=en
==============================================================================

== 1 of 11 ==
Date: Thurs, Jun 2 2011 11:42 am
From: Tºm Shermªn™ °_° <""twshermanREMOVE\"@THI$southslope.net">


On 6/2/2011 9:19 AM, Brad Anders wrote:
>
> The military green torpedo is my fave.

Green #2 lapped the field 8 times (225 laps completed, with second place
doing 217 laps).

--
Tºm Shermªn - 42.435731,-83.985007
I am a vehicular cyclist.


== 2 of 11 ==
Date: Thurs, Jun 2 2011 4:52 pm
From: James


Tºm Shermªn™ °_° > wrote:
> On 6/2/2011 9:19 AM, Brad Anders wrote:
>>
>> The military green torpedo is my fave.
>
> Green #2 lapped the field 8 times (225 laps completed, with second place
> doing 217 laps).
>

If only they learned to lean in to the corners.

--
JS.


== 3 of 11 ==
Date: Thurs, Jun 2 2011 4:53 pm
From: James


James wrote:
> Tºm Shermªn™ °_° > wrote:
>> On 6/2/2011 9:19 AM, Brad Anders wrote:
>>>
>>> The military green torpedo is my fave.
>>
>> Green #2 lapped the field 8 times (225 laps completed, with second
>> place doing 217 laps).
>>
>
> If only they learned to lean in to the corners.
>

Like this.. http://www.youtube.com/watch?v=g6hOA2C_XMA

--
JS.


== 4 of 11 ==
Date: Thurs, Jun 2 2011 5:03 pm
From: Dan O


On Jun 2, 4:53 pm, James <james.e.stew...@gmail.com> wrote:
> James wrote:
> > Tºm Shermªn™ °_° > wrote:
> >> On 6/2/2011 9:19 AM, Brad Anders wrote:
>
> >>> The military green torpedo is my fave.
>
> >> Green #2 lapped the field 8 times (225 laps completed, with second
> >> place doing 217 laps).
>
> > If only they learned to lean in to the corners.
>
> Like this..http://www.youtube.com/watch?v=g6hOA2C_XMA
>

Dang! (download the plugin)

On another computer I saw the first one, though:
http://www.google.com/url?sa=D&q=https://www.youtube.com/watch%3Fv%3DIwn_davpik8%26feature%3Dplayer_embedded

... whjeee! 8-)

== 5 of 11 ==
Date: Thurs, Jun 2 2011 5:06 pm
From: Tºm Shermªn™ °_° <""twshermanREMOVE\"@THI$southslope.net">


On 6/2/2011 6:53 PM, James wrote:
> James wrote:
>> Tºm Shermªn™ °_° > wrote:
>>> On 6/2/2011 9:19 AM, Brad Anders wrote:
>>>>
>>>> The military green torpedo is my fave.
>>>
>>> Green #2 lapped the field 8 times (225 laps completed, with second
>>> place doing 217 laps).
>>>
>>
>> If only they learned to lean in to the corners.
>>
>
> Like this.. http://www.youtube.com/watch?v=g6hOA2C_XMA
>

Has been done, but not found to be worth the added weight and complexity.

--
Tºm Shermªn - 42.435731,-83.985007
I am a vehicular cyclist.


== 6 of 11 ==
Date: Thurs, Jun 2 2011 5:07 pm
From: Dan O


On Jun 2, 5:03 pm, Dan O <danover...@gmail.com> wrote:
> On Jun 2, 4:53 pm, James <james.e.stew...@gmail.com> wrote:
>
> > James wrote:
> > > Tºm Shermªn™ °_° > wrote:
> > >> On 6/2/2011 9:19 AM, Brad Anders wrote:
>
> > >>> The military green torpedo is my fave.
>
> > >> Green #2 lapped the field 8 times (225 laps completed, with second
> > >> place doing 217 laps).
>
> > > If only they learned to lean in to the corners.
>
> > Like this..http://www.youtube.com/watch?v=g6hOA2C_XMA
>
> Dang! (download the plugin)
>
> On another computer I saw the first one, though:
> http://www.google.com/url?sa=D&q=https://www.youtube.com/watch%3Fv%3D...
>
> ... whjeee! 8-)

... what I didn't like was needin' somebody to pick you up (besides
the ambulance crew)


== 7 of 11 ==
Date: Thurs, Jun 2 2011 5:10 pm
From: Dan O


On Jun 2, 5:07 pm, Dan O <danover...@gmail.com> wrote:
> On Jun 2, 5:03 pm, Dan O <danover...@gmail.com> wrote:
>
>
>
> > On Jun 2, 4:53 pm, James <james.e.stew...@gmail.com> wrote:
>
> > > James wrote:
> > > > Tºm Shermªn™ °_° > wrote:
> > > >> On 6/2/2011 9:19 AM, Brad Anders wrote:
>
> > > >>> The military green torpedo is my fave.
>
> > > >> Green #2 lapped the field 8 times (225 laps completed, with second
> > > >> place doing 217 laps).
>
> > > > If only they learned to lean in to the corners.
>
> > > Like this..http://www.youtube.com/watch?v=g6hOA2C_XMA
>
> > Dang! (download the plugin)
>
> > On another computer I saw the first one, though:
> > http://www.google.com/url?sa=D&q=https://www.youtube.com/watch%3Fv%3D...
>
> > ... whjeee! 8-)
>
> ... what I didn't like was needin' somebody to pick you up (besides
> the ambulance crew)

I've been loaded up off the track at least a couple or few times
(those kind of injuries tend to make them hard to remember
exactly :-) Always got up off the street by myself, though so far


== 8 of 11 ==
Date: Thurs, Jun 2 2011 5:13 pm
From: Tºm Shermªn™ °_° <""twshermanREMOVE\"@THI$southslope.net">


On 6/2/2011 7:07 PM, Dan O wrote:
> On Jun 2, 5:03 pm, Dan O<danover...@gmail.com> wrote:
>> On Jun 2, 4:53 pm, James<james.e.stew...@gmail.com> wrote:
>>
>>> James wrote:
>>>> T�m Sherm�n� �_�> wrote:
>>>>> On 6/2/2011 9:19 AM, Brad Anders wrote:
>>
>>>>>> The military green torpedo is my fave.
>>
>>>>> Green #2 lapped the field 8 times (225 laps completed, with second
>>>>> place doing 217 laps).
>>
>>>> If only they learned to lean in to the corners.
>>
>>> Like this..http://www.youtube.com/watch?v=g6hOA2C_XMA
>>
>> Dang! (download the plugin)
>>
Welcome to the world of Adobe Flash™.

>> On another computer I saw the first one, though:
>> http://www.google.com/url?sa=D&q=https://www.youtube.com/watch%3Fv%3D...
>>
>> ... whjeee! 8-)
>
> ... what I didn't like was needin' somebody to pick you up (besides
> the ambulance crew)

The velomobiles are light enough that they could likely be rocked back
upright or the rider could exit, but the fastest way to get back in the
race is to let the course workers do it. And of course, no road rash to
the riders.

--
Tºm Shermªn - 42.435731,-83.985007
I am a vehicular cyclist.


== 9 of 11 ==
Date: Thurs, Jun 2 2011 5:13 pm
From: Dan O


On Jun 2, 5:10 pm, Dan O <danover...@gmail.com> wrote:
> On Jun 2, 5:07 pm, Dan O <danover...@gmail.com> wrote:
>
> Always got up off the street by myself, though so far

... been inside a truck pitched over both wheels locked up on sandy
asphalt, though (bottom of a hill, too :-) -let go brakes and pulled
that fucker out! Other shit like that, too :-)

"Held my hand over a candle"

Can't wait to get up to high rock when the sun comes out up there
again

</baka>


== 10 of 11 ==
Date: Thurs, Jun 2 2011 5:15 pm
From: Dan O


On Jun 2, 5:13 pm, Tºm Shermªn™ °_° <""twshermanREMOVE\"@THI
$southslope.net"> wrote:
> On 6/2/2011 7:07 PM, Dan O wrote:
>
> > On Jun 2, 5:03 pm, Dan O<danover...@gmail.com> wrote:
> >> On Jun 2, 4:53 pm, James<james.e.stew...@gmail.com> wrote:
>
> >>> James wrote:
> >>>> T m Sherm n _ > wrote:
> >>>>> On 6/2/2011 9:19 AM, Brad Anders wrote:
>
> >>>>>> The military green torpedo is my fave.
>
> >>>>> Green #2 lapped the field 8 times (225 laps completed, with second
> >>>>> place doing 217 laps).
>
> >>>> If only they learned to lean in to the corners.
>
> >>> Like this..http://www.youtube.com/watch?v=g6hOA2C_XMA
>
> >> Dang! (download the plugin)
>
> Welcome to the world of Adobe Flash™.
>
> >> On another computer I saw the first one, though:
> >> http://www.google.com/url?sa=D&q=https://www.youtube.com/watch%3Fv%3D...
>
> >> ... whjeee! 8-)
>
> > ... what I didn't like was needin' somebody to pick you up (besides
> > the ambulance crew)
>
> The velomobiles are light enough that they could likely be rocked back
> upright or the rider could exit, but the fastest way to get back in the
> race is to let the course workers do it. And of course, no road rash to
> the riders.
>

upper body probably 25 percent affected (so far :-) Deep ones are
serious

== 11 of 11 ==
Date: Thurs, Jun 2 2011 5:18 pm
From: Dan O


On Jun 2, 5:15 pm, Dan O <danover...@gmail.com> wrote:
> On Jun 2, 5:13 pm, Tºm Shermªn™ °_° <""twshermanREMOVE\"@THI
>
>
>
> $southslope.net"> wrote:
> > On 6/2/2011 7:07 PM, Dan O wrote:
>
> > > On Jun 2, 5:03 pm, Dan O<danover...@gmail.com> wrote:
> > >> On Jun 2, 4:53 pm, James<james.e.stew...@gmail.com> wrote:
>
> > >>> James wrote:
> > >>>> T m Sherm n _ > wrote:
> > >>>>> On 6/2/2011 9:19 AM, Brad Anders wrote:
>
> > >>>>>> The military green torpedo is my fave.
>
> > >>>>> Green #2 lapped the field 8 times (225 laps completed, with second
> > >>>>> place doing 217 laps).
>
> > >>>> If only they learned to lean in to the corners.
>
> > >>> Like this..http://www.youtube.com/watch?v=g6hOA2C_XMA
>
> > >> Dang! (download the plugin)
>
> > Welcome to the world of Adobe Flash™.
>
> > >> On another computer I saw the first one, though:
> > >> http://www.google.com/url?sa=D&q=https://www.youtube.com/watch%3Fv%3D...
>
> > >> ... whjeee! 8-)
>
> > > ... what I didn't like was needin' somebody to pick you up (besides
> > > the ambulance crew)
>
> > The velomobiles are light enough that they could likely be rocked back
> > upright or the rider could exit, but the fastest way to get back in the
> > race is to let the course workers do it. And of course, no road rash to
> > the riders.
>
> upper body [not counting my head (way>10%), as helmets have used] probably 25 percent affected (so far :-) Deep ones are
> serious


==============================================================================
TOPIC: Ping: Anton
http://groups.google.com/group/rec.bicycles.racing/t/60cc25b0b70f3f92?hl=en
==============================================================================

== 1 of 2 ==
Date: Thurs, Jun 2 2011 12:08 pm
From: RicodJour


In case you didn't catch last night's Daily Show with Jon Stewart - I
think you'll appreciate it.
http://www.thedailyshow.com/watch/wed-june-1-2011/me-lover-s-pizza-with-crazy-broad

R


== 2 of 2 ==
Date: Thurs, Jun 2 2011 1:47 pm
From: Anton Berlin


Jon get's pizza.

It's a passion. Thanks

==============================================================================
TOPIC: CBS To Armstrong's Attorneys--
http://groups.google.com/group/rec.bicycles.racing/t/6ae19c98e9f84a00?hl=en
==============================================================================

== 1 of 1 ==
Date: Thurs, Jun 2 2011 12:19 pm
From: RicodJour


On Jun 2, 1:46 am, "Mike Jacoubowsky" <Mi...@ChainReaction.com> wrote:
> "BL" <b...@verizon.net> wrote in message
>
> news:aaSdnRS4KpapJ3vQnZ2dnUVZ_qadnZ2d@giganews.com...
>
>
>
>
>
>
>
>
>
> > 60 MINUTES stands by its story as truthful, accurate and fair. Lance
> > Armstrong and his lawyers were given numerous opportunities to respond
> > to every detail of our reporting for weeks prior to the broadcast and
> > their written responses were fairly and accurately included in the
> > story. Mr. Armstrong still has not addressed charges by teammates
> > Tyler Hamilton and George Hincapie that he used performance enhancing
> > drugs with them. 1) The letter from Keker & Van Nest, Mr. Armstrong's
> > attorneys, claims that there was no "positive" or "suspicious" test
> > from the 2001 Tour de Suisse: Mr. Armstrong's teammate, Tyler
> > Hamilton, told 60 MINUTES about the 2001 Tour de Suisse test. Included
> > in his interview are the same facts that Hamilton reported under oath
> > to U.S. federal officials under the penalty of perjury. 60 MINUTES
> > also reported that the Swiss Anti-Doping Laboratory Director, Dr.
> > Martial Saugy, told U.S. officials and the FBI that that there was a
> > "suspicious" test result from the Tour de Suisse in 2001. This was
> > confirmed by a number of international officials who have linked the
> > "suspicious" test to Armstrong. In recent days, Dr. Saugy finally
> > confirmed to the media that there were "suspicious" test results. 2)
> > The letter from Armstrong's attorneys claims that 60 MINUTES was
> > inaccurate in reporting about a meeting between Dr. Saugy, Mr.
> > Armstrong and former U.S. Postal Team Director, Johan Bruyneel: 60
> > Minutes reported there was a meeting between Dr. Saugy, Mr. Armstrong
> > and Mr. Bruyneel. Dr. Saugy refused our requests for an interview, but
> > after the broadcast he confirmed that the meeting took place. Mr.
> > Armstrong, after our broadcast, said he couldn't recall that any such
> > meeting took place. 3) Mr. Armstrong's lawyers claim our story was
> > "shoddy," while we found at least three inaccuracies in their letter:
> > They claimed that 60 MINUTES reported the meeting took place at the
> > Swiss lab; they claimed that 60 MINUTES reported the meeting took
> > place in 2001; and they claimed that 60 MINUTES said it was a "secret"
> > meeting. All three are wrong. David Howman, managing director of the
> > World Anti-Doping Agency, told 60 MINUTES that any meeting between
> > Mr.Armstrong, Mr. Brunyeel and the Swiss lab director, Dr. Saugy,
> > would be "highly unusual" and "inappropriate." Jeff Fager, chairman,
> > CBS News, executive producer, 60 MINUTES
>
> And here's the problem with Tyler Hamilton and the 60 minutes piece-
>
> http://www.cyclingnews.com/news/swiss-lab-director-confirms-meeting-b...
>
> So you believe that Dr. Saugy is in on the fix as well? That he didn't
> actually meet with other teams & riders, that he wasn't actually
> concerned that the test, at that time, was susceptible to false
> positives? Let's face it, the 60 minutes piece was incredibly shoddy
> journalism for not looking doing any research beyond Tyler's
> allegations. They hid behind "We tried to talk to Lance" stuff as if
> that was the extent of due dillegence the story required.
>
> Brian, you'd better hope Novitsky is one heck of a lot sharper tool than
> most of the journalists. It's not as if Cyclingnews is the last word in
> investigative reporting, yet they seem to have done a far better job
> than 60 minutes. The same cyclingnews that had Ricco sitting tight for
> the past week with Amore e Vita and then out of the blue announces he's
> signed with Meridian-Kamen.
>
> Someone else here pointed out the dangers of "confirmation bias" the
> other day. 60 minutes would seem as guilty as anyone here. The worst
> thing about this is that it delays the truth. It allows the PR guys and
> lawyers to continue their seemingly-endless dance around the truth.
>
> I guess it should be no surprise that, the more dedicated to someone's
> eradication, the more they take on the characteristics of that which
> they wish to destroy.
>
> Isn't there enough factual truth (as opposed to that which people wish
> to be true) to convict Lance, without having to resort to half-truths,
> distortions and outright lies? Maybe there is, but it's being obscured
> by the shoddy stuff.

How would the truth help sales? Fear and bullshit sells. Look at
Ailes' $ input to Murdoch's empire. And as Ailes said, "This isn't
journalism, it's a TV show."

R

==============================================================================
TOPIC: Doping and game theory
http://groups.google.com/group/rec.bicycles.racing/t/21cd5ff36be29132?hl=en
==============================================================================

== 1 of 2 ==
Date: Thurs, Jun 2 2011 1:32 pm
From: Ryan Cousineau


On Thursday, 2 June 2011 07:22:11 UTC-7, Brad Anders wrote:
> On Jun 1, 5:30 pm, Anton Berlin <truth...@yahoo.com> wrote:
> > Steroids probably harmful - look at football and rassling (post
> > Wallace Beery)
>
> Fairly easy to detect, so regular monitoring could eliminate most of
> this.
>
> > EPO ?  I f taken like the Belgian's eat chocolate and potatoes -
> > harmful.
> >
> > If microdosed and Dr. supervised no harm that we know about other than
> > 'frothing at the mouth" and unhappy face syndrome.
>
> Agree. Same with low-level testosterone.
>
> Legalization, monitoring, and having docs manage the process makes a
> lot more sense than what's going on today.

If you commit to sufficient monitoring and doctor-management to prevent people from using unsafe doses, 1. how is that easier than not letting them dose at all? 2. How is it better than not letting them dose at all? 3. How are the incentives biased in favor of your proposal?

(Answer key: 1. not at all; 2. not at all; 3. not at all)


== 2 of 2 ==
Date: Thurs, Jun 2 2011 3:42 pm
From: Brad Anders


On Jun 2, 1:32 pm, Ryan Cousineau <rcous...@gmail.com> wrote:
> On Thursday, 2 June 2011 07:22:11 UTC-7, Brad Anders  wrote:
> > On Jun 1, 5:30 pm, Anton Berlin <truth...@yahoo.com> wrote:
> > > Steroids probably harmful - look at football and rassling (post
> > > Wallace Beery)
>
> > Fairly easy to detect, so regular monitoring could eliminate most of
> > this.
>
> > > EPO ?  I f taken like the Belgian's eat chocolate and potatoes -
> > > harmful.
>
> > > If microdosed and Dr. supervised no harm that we know about other than
> > > 'frothing at the mouth" and unhappy face syndrome.
>
> > Agree. Same with low-level testosterone.
>
> > Legalization, monitoring, and having docs manage the process makes a
> > lot more sense than what's going on today.
>
> If you commit to sufficient monitoring and doctor-management to prevent people from using unsafe doses, 1. how is that easier than not letting them dose at all? 2. How is it better than not letting them dose at all? 3. How are the incentives biased in favor of your proposal?
>
> (Answer key: 1. not at all; 2. not at all; 3. not at all)

1. Why does it have to be easier?
2. Better because it's out in the open (end of the big lie), docs are
directly monitoring the process (e.g. avoid infection, contaminants,
keeping dosages in control, etc.), sponsors know up front what they're
paying for (and can't give us BS later on, a la USPS), potential pro
cyclists know what they're getting into, etc.
3. Incentives are that athletes know what they're up against instead
of guessing (exact drugs, dosage levels, costs, etc.), event results
aren't dependent on court rulings, but best of all, being kicked out
of the Olympics to avoid IOC corruption.

==============================================================================
TOPIC: They are now going on to bike paths to run us down.
http://groups.google.com/group/rec.bicycles.racing/t/7c1f9e12fadefe92?hl=en
==============================================================================

== 1 of 1 ==
Date: Thurs, Jun 2 2011 4:55 pm
From: Brad Anders


On May 31, 10:20 pm, Fred Bucephalus Birchmore
<fred.b.birchm...@gmail.com> wrote:
> http://www.signonsandiego.com/news/2011/may/31/suv-veers-off-sr56-bic...

Who here hasn't had a vehicle narrowly miss them in similar
circumstances? Those two were just unlucky.


==============================================================================

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[socialactionfoundationforequity:13935 Role of Judiciary hand in glove with police in misuse of arrest powers to make a fast buck

Buzz It
IT WAS SHAME ON HARYANA POLICE ON 6 May; NHRC Abusing Human Rights on 24 May; the Shocker is Role of Judiciary hand in glove with police in misuse of arrest powers to make a fast buck 3 June 2011.

--
Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: manioberoi@gmail.com

Jaago Re "Aaj Se Khilana Bandh, Pilana Shuru"

Alleged Illegalities in  the Court of Sh Pawan Kumar, learned JMIC Gurgaon in criminal case no. 355 of 21.04.2008 FIR No. 75/08 u/s 324/506 IPC P.S. Sector 5, Gurgaon, State of Haryana v. Krishan (deceased)

1. Allegedly, no paper document was ever handed over to the accused or his wife, who was also his surety, between 05.08.2009, previous date of hearing and 11.01.2010, date of incarceration, with which he could have approached any advocate, other than Sh R.S. Saini, for providing surety at 10.30 A.M. on 11.01.2010 upon the alleged cancellation of his bail bond valid from 05.08.2009 till next date of hearing fixed for 11.02.2010 in criminal case no. 355 of 21.04.2008 FIR No. 75/08 u/s 324/506 IPC P.S. Sector 5, Gurgaon. Sh R.S. Saini was not available till 10.30 A.M. on 11.01.2010.

2. At about 10.30 A.M. on 11.01.2010, while waiting at a table of an advocate, Ajit, for his advocate, Sh R.S. Saini, who had not yet arrived, the accused was made to sign some paper in English by constable No. 719 Virender Singh, that neither he nor his wife understood, and were taken away to the Court of Sh Pawan Kumar, learned JMIC Gurgaon, and the wife of accused  was summarily informed by the court clerk/ constable No. 719 Virender Singh, that she should go home, as the judge has ordered that her husband be sent to jail.

3. Again no papers were handed over to the wife of the accused with which she could have approached any advocate, in the absence of Sh R.S. Saini, who had yet not arrived.  Allegedly, at no stage, was any inquiry directed by Sh Pawan Kumar, learned JMIC Gurgaon directly to the accused or his wife regarding provision of surety, nor were they called into the accused box, at any stage of the proceedings.

4.  Whereas order was of judicial custody, the accused was allegedly never handed over to the Escort Guard of District Court as per rule.

5. Whereas constable No. 719 Virender Singh had allegedly stated that he handed over accused to Naib Court Jagdish for further handing over to Escort Guard of District Court as per rule, ASI of Escort Guard has allegedly denied to have been handed over the accused who had earlier been remanded to 14 days judicial custody in allegedly unexplained circumstances, whereas it is alleged that he had regularly been appearing at all the dates fixed by the Hon'ble Court since 28.07.2008. This has been confirmed from the record of the Court.

6. Allegedly, whereabouts of the deceased accused are not established between 10.30 A.M., when his wife was sent home by constable No. 719 Virender Singh of P.S. Sector 5, Gurgaon, till about 5.35 P.M. on 11.01.2010 when he was admitted by Bhondsi Jail as UTP.

7. Allegedly, Constable No. 3134 Angrej Singh of P.S. City, Gurgaon, who had no locus, not being authorised by S.H.O. P.S. Sector 5, Gurgaon/ Naib Court Jagdish / the Escort Guard of the District Court, deposited the accused deceased in Bhondsi Jail at about 5.35 P.M. on 11.01.2010.

8. Allegedly the Apex Court's 4 principles of necessity of arrest laid down in Joginder Kumar v. State of U.P. 1994 SCC (4) 260, also, seem to have been breached by the Hon'ble Court. (page 2 of Criminal Complaint returned by the learned District & Sessions Judge, Gurgaon on 24.05.2011).

 

 

 

ACTION CHART:

Sr. No.

Last Action/ Order

Order/ Action

Date of last action/ order

Date of Order/ Action

Remarks

Complete Certified Record dt 02.06.11 99 Pages

Certified Record dt 02.05.11 4  Pages

1

Blank undated but signed 14 days remand paper of "Thana Old Gurgaon"

Blank undated but signed 14 days remand paper of "Thana Old Gurgaon"

Blank signed remand documents in court file point to a racket in bail bonds, making it difficult even to get bail in bailable offences. This is blatant violation of necessity of arrest principle laid down by Apex Court in Joginder Kumar v. State of U.P. 1994 SCC (4) 260 and amplified by the Apex Court in Rasiklal v. Kishore arising out of SLP Cr 4008 of 2008 decided on 20.02.2009 and in Appeal No. 2271 of 2010 (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre v State of Maharashtra decided on 02.12.2010.
.

32 to 33

2

FIR 75/08 PS Sector 5 Gurgaon u/s 324/506 IPC

FIR Signed in bailable offence seeking 14 days judicial custody in bailable offence in mechanical fashion without giving any reason why custody is needed.

12-Mar-2008

19-Mar-2008

One week delay in remand papers. Sent to judicial custody in bailable case in mechanical fashion for 14 days by Sh Pawan Kumar, JMIC Gurgaon.

10 to 12

3

FIR Signed in bailable offence

"Accused produced before me. Judicial remand sought. Pending investigation. Accused be kept in judicial custody and be produced on 02.04.2008."

19-Mar-2008

19-Mar-2008

In bailable offences, bail is the norm, jail is the exception, even to the extent of releasing accused on personal bond, if need arises in cases of indigent accused. Innocent till proven guilty applies fully in bailable cases.

34 to 35

4

Accused produced before me. Judicial remand sought. Pending investigation. Accused be kept in judicial custody and be produced on 02.04.2008.

"Accused produced before me. Judicial remand sought. Pending investigation. Accused be kept in judicial custody and be produced on 16.04.2008."

19-Mar-2008

2-Apr-2008

In bailable offences, bail is the norm, even on personal bond, if need arises in cases of indigent accused. No written police request dt 02.04.2008 for remand exists in the record. Order by Sh Pawan Kumar, JMIC Gurgaon violates necessity of arrest principle laid down by Apex Court in Joginder Kumar's case in 1994.

36 to 37

5

FIR 75/19.03.08 PS Sector 5 Gurgaon u/s 324/506 IPC

Remand paper for 14 days judicial custody by SHO, PS Sector 5 Gurgaon as police unable to complete investigation but no reason why custody is needed in bailable offence provided by police.

19-Mar-2008

16-Apr-2008

SHO has prepared remand papers in mechanical fashion ignoring necessity of arrest principle laid down by Apex Court in Joginder Kumar's case in 1994.

13 to 14

6

Accused produced before me. Judicial remand sought. Pending investigation. Accused be kept in judicial custody and be produced on 16.04.2008.

"Accused produced before me. Judicial remand sought. Pending investigation. Accused be kept in judicial custody and be produced on 30.04.2008."

2-Apr-2008

16-Apr-2008

Produced before magistrate and sent to judicial custody in bailable case in mechanical fashion for another 14 days having already spent 28 days in prison. Order by Sh Pawan Kumar, JMIC Gurgaon.

38 to 39

7

Produced before magistrate and sent to judicial custody in bailable case in mechanical fashion for another 14 days having already spent 28 days in prison

Challan dt 05.04.2008 forwarded on 21.04.2008

16-Apr-2008

21-Apr-2008

No medical report of injury to complainant is found attached in challan. No proper case is made out.

17 to 25

8

Challan dt 05.04.2008 forwarded on 21.04.2008

"Present APP for the State. Challan Present today. It be checked and registered. Ahlmad is directed to attached the remand papers and FIR etc. Now to come upon 30.04.2008 i.e. the date already fixed on Remand papers."

21-Apr-2008

21-Apr-2008

No medical report of injury to complainant is found attached in challan.

50 to 51

9

Present APP for the State. Challan Present today. It be checked and registered. Ahlmad is directed to attached the remand papers and FIR etc. Now to come upon 30.04.2008 i.e. the date already fixed on Remand papers.

Remand paper for 14 days judicial custody by SHO, PS Sector 5 Gurgaon as police unable to complete investigation

21-Apr-2008

30-Apr-2008

Produced before Sh Pawan Kumar, JMIC Gurgaon and sent to judicial custody in bailable case in mechanical fashion for another 14 days having already spent 42 days in prison. SHO has prepared remand papers in mechanical fashion ignoring necessity of arrest principle laid down by Apex Court in Joginder Kumar's case in 1994.

15 to 16

10

Remand paper for 14 days judicial custody by SHO, PS Sector 5 Gurgaon as police unable to complete investigation

Present APP for the State. Accused in custody. Krishan - P. Copy of challan supplied to the accused free of cost. Now case is adjourned to 14.05.09 for consideration on charge. Till then accused be kept in judicial custody.

30-Apr-2008

30-Apr-2008

Produced before Sh Pawan Kumar, JMIC Gurgaon and sent to judicial custody in bailable case in mechanical fashion for 1 year and 2 weeks having already spent 56 days in prison. Nobody has ever pointed out this glaring mistake even after this mistake in part caused the custodial death of accused.

46 to 47

11

FIR Signed in bailable offence

"Present APP for the State. Shri R.S. Saini, Counsel for the accused Krishan Kanwaria. An application for bail moved on behalf of above named accused. Let notice of the same be given to the state for 12.6.2008."

19-Mar-2008

11-Jun-2008

Accused finally was able to arrange a counsel which he could ill afford at a cost of Rs 1200/-

60 to 61

12

Present APP for the State. Shri R.S. Saini, Counsel for the accused Krishan Kanwaria. An application for bail moved on behalf of above named accused. Let notice of the same be given to the state for 12.6.2008

"Present APP for the State. Shri R.S. Saini, Counsel for the accused.  Reply to bail application filed. Now case is adjourned to 16.6.08 for arguments on bail application. Original file be also put up on the date fixed."

11-Jun-2008

14-Jun-2008

Shri R.S. Saini, Advocate, never carried out file inspection which could have alerted him to ghost proceedings being carried out in isolation by APP, court and police staff and Sh. Pawan Kumar, JMIC Gurgaon, consequent to mistake of one full year in next date of hearing in Order dt 30.04.2008.

62 to 63

13

Present APP for the State. Shri R.S. Saini, Counsel for the accused.  Reply to bail application filed. Now case is adjourned to 16.6.08 for arguments on bail application. Original file be also put up on the date fixed.

"Present Sh S.K. Deswal, APP for the State. Shri R.S. Saini, Adv. for accused Krishan Kanwaria. Papers put up before me being Duty Magistrate. Heard on the bail application of accused Krishan Kanwaria. The accused has been in custody for a long time. No useful purpose would be served by keeping the accused behind the bars as a trial would take a long time. Therefore, without commenting anything on the merits of the case, the accused Krishan Kanwaria is admitted to bail on his furnishing bail bonds in the sum of Rs 15,000/- with one surety in the like amount. Requisite bonds not furnished. File be put up on the date fixed i.e. on 25.6.08 and be sent back to the concerned Court forthwith."

14-Jun-2008

16-Jun-2008

Bail was granted by Ms. Ranjana Aggarwal, JMIC Gurgaon

64 to 65

14

Present Sh S.K. Deswal, APP for the State. Shri R.S. Saini, Adv. for accused Krishan Kanwaria. Papers put up before me being Duty Magistrate. Heard on the bail application of accused Krishan Kanwaria. The accused has been in custody for a long time. No useful purpose would be served by keeping the accused behind the bars as a trial would take a long time. Therefore, without commenting anything on the merits of the case, the accused Krishan Kanwaria is admitted to bail on his furnishing bail bonds in the sum of Rs 15,000/- with one surety in the like amount. Requisite bonds not furnished. File be put up on the date fixed i.e. on 25.6.08 and be sent back to the concerned Court forthwith.

Application of Nb Court Chander that file is not traceable.

16-Jun-2008

9-Jul-2008

Just when bail is to be given the file is conveniently lost to extract money from the hapless accused.

68 to 69

15

Application of Nb Court Chander that file is not traceable.

"Present APP for the State. Accused Krishan in custody. File not put up by the Ahlmad. Now Ahlmad is directed to trace the file on 23.7.2008. Till then accused be kept in judicial custody."

9-Jul-2008

9-Jul-2008

Case was not heard on date fixed 25.06.2008 and Sh R.S. Saini was not informed till he on his own approached the Court on 28.07.2008.

66 to 67

16

Present APP for the State. Accused Krishan in custody. File not put up by the Ahlmad. Now Ahlmad is directed to trace the file on 23.7.2008. Till then accused be kept in judicial custody.

"Present APP for the State. Accused produced before me with the request of judicial remand. Accused be kept in judicial custody till 5.8.08 and be produced on that date."

9-Jul-2008

23-Jul-2008

Case was not heard on date fixed 25.06.2008 and Sh R.S. Saini was not informed till he on his own approached the Court on 28.07.2008.

70 to 71

17

In Bhondsi Jail since 19.03.2008

Certificate of Municipal Councillor 28.07.2008

19-Mar-2008

28-Jul-2008

Record found missing in certified record dated 02.06.2011.

Record found missing

4

18

In Bhondsi Jail since 19.03.2008

Affidavit of wife

19-Mar-2008

28-Jul-2008

3

3

19

In Bhondsi Jail since 19.03.2008

Bail bond issued on surety of wife Rs 15000/-

16-Jun-2008

28-Jul-2008

Bail granted by Ms.Ranjana Aggarwal, JMIC Gurgaon on 16.06.2008 was cancelled by Sh Pawan Kumar, JMIC Gurgaon on 29.09.2009 without any notice to accused or his counsel, who were regularly appearing in the case in gravest breach of judicial discipline. In bailable offences bail once granted may only and only be cancelled by the High Courts and the Supreme Court using the discretion which only lies in such cases with the higher judiciary. Law on bail cancellation in bailable offences is well settled by a Constitution Bench of the Supreme Court in Ratilal Bhanji Mithani v. Asst Collector of Customs Bombay  1967 AIR 1639, 1967(3) SCR 926 and amplified by the Apex Court in Rasiklal v. Kishore arising out of SLP Cr 4008 of 2008 decided on 20.02.2009 and in Appeal No. 2271 of 2010 (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre v State of Maharashtra decided on 02.12.2010.

1 to 2

1 to 2

20

Present APP for the State. Accused produced before me with the request of judicial remand. Accused be kept in judicial custody till 5.8.08 and be produced on that date.

"Present APP for the State. Shri R.S. Saini, counsel for the accused Krishan. File taken up today on the application for acceptance of bail bond and surety bonds as per order of Ms. Ranjana Aggarwal...JMIC, Gurgaon dated 16.6.08. Heard. Bail bond and surety bonds furnished, accepted and attested. Personal bond be attested at jail gate. Release order be issued immediately. Now to come up on the date fixed."

23-Jul-2008

28-Jul-2008

Sh Pawan Kumar, JMIC Gurgaon

76 to 77

21

Present APP for the State. Shri R.S. Saini, counsel for the accused Krishan. File taken up today on the application for acceptance of bail bond and surety bonds as per order of Ms. Ranjana Aggarwal...JMIC, Gurgaon dated 16.6.08. Heard. Bail bond and surety bonds furnished, accepted and attested. Personal bond be attested at jail gate. Release order be issued immediately. Now to come up on the date fixed.

"Present APP for the State. Accused on bail with Sh R.S. Saini, Adv. Challan not received. It be awaited for 8-11-08 for awaiting of challan."

28-Jul-2008

5-Aug-2008

Sh Pawan Kumar, JMIC Gurgaon. Challan was already received by Court on 21.04.2008.

72 to 73

22

Present APP for the State. Accused on bail with Sh R.S. Saini, Adv. Challan not received. It be awaited for 8-11-08 for awaiting of challan.

"Present None. File taken up today as I am proceeding on earned leave for 6.11.08 to 8.11.08 on account of illness of my wife. Hence the matter is adjourned to 24/1/09 for the same purpose. All concerned be informed accordingly."

5-Aug-2008

6-Nov-2008

Sh Pawan Kumar, JMIC Gurgaon

58 to 59

23

Present None. File taken up today as I am proceeding on earned leave for 6.11.08 to 8.11.08 on account of illness of my wife. Hence the matter is adjourned to 24/1/09 for the same purpose. All concerned be informed accordingly.

"Present APP for the State. Accused on bail with counsel. Challan not received. It be awaited for 1/5/09."

6-Nov-2008

24-Jan-2009

Sh Pawan Kumar, JMIC Gurgaon

54 to 55

24

Present APP for the State. Accused on bail with counsel. Challan not received. It be awaited for 1/5/09.

"Present APP for the State. Accused on bail with counsel. Challan not received. It be awaited for 5/8/09."

24-Jan-2009

1-May-2009

On 01.05.2009 challan was awaited by counsel of accused for 5.08.2009 but is falsely stated to be supplied to accused free of cost on 05.05.2009 and in order dt 05.08.2009 it is falsely stated to be awaited for 11.02.2010.

52 to 53

25

Present APP for the State. Accused in custody. Krishan - P. Copy of challan supplied to the accused free of cost. Now case is adjourned to 14.05.09 for consideration on charge. Till then accused be kept in judicial custody.

"Present None. File taken up today as I am proceeding on casual leave on today i.e. 5.06.09. Hence the matter is adjourned to 6/7/09 for the same purpose as already file. All concerned be informed accordingly."

30-Apr-2008

5-May-2009

Accused was on bail since 28.07.2008 but no information was given to his counsel or even sent to his recorded address of this second set of ghost proceedings arising from a typographical error in Order dt 30.04.2008 inadvertently mentioning next date as 14.05.2009 instead of 14.05.2008..

44 to 45

26

Present None. File taken up today as I am proceeding on casual leave on today i.e. 5.06.09. Hence the matter is adjourned to 6/7/09 for the same purpose as already file. All concerned be informed accordingly.

"Present APP for the State. Accused not produced. Accused not produced by the Jail authority. Let production warrant against the accused be issued for 5/6/09."

5-May-2009

14-May-2009

Accused was on bail since 28.07.2008 but no information was sent to his recorded address.

48 to 49

27

Present APP for the State. Accused not produced. Accused not produced by the Jail authority. Let production warrant against the accused be issued for 5/6/09.

"Present APP for State. Accused not produced. Production warrant against the accused Krishan not received back. Let fresh production warrant against the accused Krishan be issued for 12.08.2009."

14-May-2009

6-Jul-2009

Accused was on bail since 28.07.2008 but no information was ever sent to his recorded address.

42 to 43

28

Present APP for the State. Accused on bail with counsel. Challan not received. It be awaited for 5/8/09.

"Present APP for the State. Accused is on bail with counsel. Challan not received. It be awaited for 11/2/10."

1-May-2009

5-Aug-2009

Next date was fixed for 11.02.2010 but bail cancelled on 29.09.2009 without checking the facts available on the file as recently as 05.08.2009.

56 to 57

29

Present APP for State. Accused not produced. Production warrant against the accused Krishan not received back. Let fresh production warrant against the accused Krishan be issued for 12.08.2009.

Present APP for State. Accused not produced. Production warrant against the accused not received back. Let fresh production warrants against the accused be issued for 02.09.2009.

6-Jul-2009

12-Aug-2009

APP had appeared on 05.08.2009 just a week back. No mention was made by him of any hearing on 05.08.2009. Accused was on bail since 28.07.2008 but no information was sent to his recorded address even as he was regularly appearing in court with his counsel.

40 to 41

30

Present APP for State. Accused not produced. Production warrant against the accused not received back. Let fresh production warrants against the accused be issued for 02.09.2009.

Production warrant issued to Superintendent Bhondsi Jail not received back

12-Aug-2009

2-Sep-2009

Sh Pawan Kumar, JMIC Gurgaon

26 to 27

31

Production warrant issued to Superintendent Bhondsi Jail not received back

Production warrant issued to Superintendent Bhondsi Jail for 29.09.2009

2-Sep-2009

5-Sep-2009

Accused was on bail since 28.07.2008

7 to 8

32

Production warrant issued to Superintendent Bhondsi Jail for 29.09.2009

Superintendent Bhondsi Jail intimated that accused was released on 28.07.2008

5-Sep-2009

13-Sep-2009

Accused was on bail since 28.07.2008 and was regularly appearing on dates appointed in the Court in presence of his counsel.

9

33

Present APP for State. Accused not produced. Production warrant against the accused not received back. Let fresh production warrants against the accused be issued for 02.09.2009.

Present APP for the State. Accused Krishan absent. Production warrant against the accused Krishan received back with the report that accused is not confined in Distt. Jail Bhondsi. Despite repeated calls since morning, accused Krishan has not turned up in the Court. It isalready 2:45 PM. Waited sufficiently. Further wait for the accused is not justified. Therefore, the bail of the accused is hereby cancelled and his bail bonds are forfeited to the state of Haryana. Now accused Krishan is summoned through non-bailable warrants for 11.01.2010. Notice to his surety be also issued for the date fixed. A red ink note be given on the warrant that executing constable will appear in this court on the date fixed for making his statement regarding non-execution of warrant.

12-Aug-2009

29-Sep-2009

Sh Pawan Kumar, JMIC Gurgaon made no attempt whatsoever to summon counsel of accused, Sh R.S. Saini who could have cleared the matter in a minute.

78 to 79

34

Parallel proceedings unknown to accused

Non-bailable warrant for 11.01.2010 issued

29-Sep-09

11-Nov-09

Parallel proceedings unknown to accused or his counsel.

4 to 5

35

Non-bailable warrant for 11.01.2010 issued

Constable Virender claimed to have arrested and produced accused

11-Nov-09

11-Jan-2010

Allegedly told accused and his wife that earlier bail is cancelled

6

36

Non-bailable warrant for 11.01.2010 issued. Constable Virender claimed to have arrested and produced accused.

Remanded to 14 days judicial custody.

11-Nov-09

11-Jan-2010

No warrants served on accused at any stage nor his signatures obtained for receipt of warrant.

28 to 29

37

Present APP for the State. Accused Krishan absent. Production warrant against the accused Krishan received back with the report that accused is not confined in Distt. Jail Bhondsi. Despite repeated calls since morning, accused Krishan has not turned up in the Court. It isalready 2:45 PM. Waited sufficiently. Further wait for the accused is not justified. Therefore, the bail of the accused is hereby cancelled and his bail bonds are forfeited to the state of Haryana. Now accused Krishan is summoned through non-bailable warrants for 11.01.2010. Notice to his surety be also issued for the date fixed. A red ink note be given on the warrant that executing constable will appear in this court on the date fixed for making his statement regarding non-execution of warrant.

Present APP for the State. Accused Krishan is in custody. Accused produced before me in compliance of non bailable warrant. Let the accused be taken in custody and be sent in judicial custody upto 25/1/2010.

29-Sep-2009

11-Jan-2010

Sh Pawan Kumar, JMIC Gurgaon made no attempt whatsoever to summon counsel of accused, Sh R.S. Saini who could have cleared the matter in a minute. At 10.30 A.M. on 11.01.2010 he was remanded in good health. Within 20 hours by 7 A.M. on 12.01.2010 he was dead.

74 to 75

38

Remanded to 14 days judicial custody.

Letter of Jail Superintendent, Bhondsi intimating death in custody on 12.01.2010.

11-Jan-2010

25-Jan-2010

No mention of bruises photographed by PS Bhondsi on 12.01.2010.

30 to 31

39

Present APP for the State. Accused Krishan is in custody. Accused produced before me in compliance of non bailable warrant. Let the accused be taken in custody and be sent in judicial custody upto 25/1/2010.

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. …Adjourned to 2.02.2010…

11-Jan-2010

25-Jan-2010

86 to 87

40

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. …Adjourned to 2.02.2010…

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 25/2/10.

25-Jan-2010

2-Feb-2010

84 to 85

41

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 25/2/10.

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 5/3/10.

2-Feb-2010

25-Feb-2010

82 to 83

42

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 5/3/10.

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 5/4/10.

25-Feb-2010

5-Mar-2010

80 to 81

43

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 5/4/10.

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 1/5/10.

5-Mar-2010

5-Apr-2010

90 to 91

44

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 1/5/10.

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 10/7/10.

5-Apr-2010

1-May-2010

88 to 89

45

Present APP for the State. Accused Krishan @ Kawaria is stated to be died. File not received. It be awaited for 10/7/10.

Present None. File taken up today as 10.07.2010 has been declared as holiday due to Local Elections. Now to come upon 20/11/10 for the purpose already fixed. Parties be informed accordingly.

1-May-2010

9-Jul-2010

92 to 93

46

Present None. File taken up today as 10.07.2010 has been declared as holiday due to Local Elections. Now to come upon 20/11/10 for the purpose already fixed. Parties be informed accordingly.

Present APP for the State. Accused died. File taken up by the undersigned in compliance of order bearing Endst. No. 22730-54/09 dated 9.12.2009 passed by learned District and Sessions Judge, Gurgaon as Sh. Rajesh Gupta, Civil Judge (JD) Gurgaon is on leave today. File not received. Be awaited for 5.3.2011.

9-Jul-2010

20-Nov-2010

For non-bailable offences it is a settled legal position that the court which grants the bail also has the power to cancel it. However, in the case of bailable offences once bail is granted it shall not be cancelled by any court other than a High Court or the Supreme Court. Law on cancellation of bail in bailable offences is well settled by a Constitution Bench of the Supreme Court in Ratilal Bhanji Mithani v. Asst Collector of Customs Bombay  1967 AIR 1639, 1967(3) SCR 926.

96 to 97

47

Present APP for the State. Accused died. File taken up by the undersigned in compliance of order bearing Endst. No. 22730-54/09 dated 9.12.2009 passed by learned District and Sessions Judge, Gurgaon as Sh. Rajesh Gupta, Civil Judge (JD) Gurgaon is on leave today. File not received. Be awaited for 5.3.2011.

Present APP for the State. Accused died. File not received. It be awaited for 28/4/11.

20-Nov-2010

5-Mar-2011

Order bearing Endst. No. 22730-54/09 dated 9.12.2009 passed by learned District and Sessions Judge mentioned in Order dated 20.11.2010 is missing from the record.

94 to 95

48

Present APP for the State. Accused died. File not received. It be awaited for 28/4/11.

Present APP for the State. Accused died. File received. Since accused has died as per report of Superintendent Jail, Bhondsi, proceedings against the accused are dropped. File be consigned to record room.

5-Mar-2011

28-Apr-2011

Vakalatnama of Sh R.S. Saini is missing from the record. Application for bail dated 11.06.2008 is missing from the record. There is no signature recorded of accused being handed over to Escort Guard on 11.01.2010 by Naib Court Jagdish on photo remand Order No. 244 of 11.01.2010. How a constable of P.S. City Gurgaon was permitted by jail authorities to deposit him in jail at 5.30 P.M. without explanation is highly suspicious and leads to the assumption that he was taken to P.S. City Gurgaon at 10.30 A.M. and detained for several hours till 5.30 P.M. without any legal basis. Beating marks on his body point to beating at P.S. City Gurgaon at this time window.

98 to 99

Indian Penal Code, 1860

Section 344. Wrongful confinement for ten or more days - Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which any extend to three years, and shall also be liable to fine.

 

A. Law on differences in grant and cancellation of bail in a bailable offence vis a vis a non-bailable offence has been settled by a Constitution Bench of the Supreme Court in Ratilal Bhanji Mithani v. Asst Collector of Customs Bombay  1967 AIR 1639, 1967(3) SCR 926:

"In the matter of admission to bail, the Code of Criminal Procedure makes a distinction between bailable and nonbailable offences. The grant of bail to a person - accused of a non-bailable offence is discretionary under Sec. 497 of the Code and the person released on bail may again be arrested and committed to custody by an order of the High Court, the Court of Session and the Court granting the bail. Under See. 498 of the Code the High Court and the Court of Session may release any person on bail and by a subsequent order cause any person so admitted to bail to be arrested and committed to custody. A person accused of a bailable offence is treated differently; at any time while under detention without a warrant and at any stage of the proceedings before the Court before which he is brought, he has the right under Sec. 496 of the Code to be released on bail. The Code makes no express provision for the cancellation of a bail granted under Sec. 496. Nevertheless, if at any subsequent stage of the proceedings, it is found that any person accused of a bailable offence is intimidating, bringing or tampering with the prosecution witnesses or is attempting to abscond, the High Court has the power to cause him to be arrested and to commit him to custody for such period as it thinks fit. This jurisdiction springs from the over-riding inherent powers of the High Court and can be invoked in exceptional cases only when the High Court is satisfied that the ends of justice will be defeated unless the accused is committed to custody. For the reasons given in Talab Haji Hussain's case(1), we hold that this inherent power of the High Court exists and is preserved by Sec. 561-A of the Code. The person committed to custody under the orders of the High Court cannot ask for his release on bail under sec. 496, but the High Court may by a subsequent order admit him to bail again.

(1) Talab Haji Hussain v. Madhukar Purshottam Mondkar and another [1958 S.C.R. 1226]"

 

B. Law on cancellation of bail in a bailable offence has beeen amplified by the Apex Court in Rasiklal v. Kishore arising out of SLP Cr 4008 of 2008 decided on 20.02.2009:

"8. It may be noticed that sub-Section (2) of Section 436 of the 1973 Code empowers any court to refuse bail without prejudice to action under Section 446 where a person fails to comply with the conditions of bail bond giving effect to the view expressed by this Court in the above mentioned case. However, it is well settled that bail granted to an accused with reference to bailable offence can be cancelled only if the accused (1) misuses his liberty by indulging in similar criminal activity, (2) interferes with the course of investigation, (3) attempts to tamper with evidence of witnesses, (4) threatens witnesses or indulges in similar activities which would hamper smooth investigation, (5) attempts to flee to another country, (6) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency, (7) attempts to place himself beyond the reach of his surety, etc. These grounds are illustrative and not exhaustive. However, a bail granted to a person accused of bailable offence cannot be cancelled on the ground that the complainant was not heard. As mandated by Section 436 of the Code what is to be ascertained by the officer or the court is whether the offence alleged to have been committed is a bailable offence and whether he is ready to give bail as may be directed by the officer or the court. When a police officer releases a person accused of a bailable offence, he is not required to hear the complainant at all. Similarly, a court while exercising powers under Section 436 of the Code is not bound to issue notice to the complainant and hear him."

 

 

C. Law on grant of bail in a non-bailable offence has been settled by by a Constitution Bench of the Supreme Court in Gurbaksh Singh Sibbia and Others v. State of Punjab (1980) 2 SCC 565 as held in Cr. Appeal No. 2271 of 2010 (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre v State of Maharashtra decided on 02.12.2010:

"27. The Constitution Bench of this Court in Gurbaksh Singh Sibbia and Others v. State of Punjab (1980) 2 SCC 565 ...where the accused who apprehends his/her arrest on accusation of having committed a non-bailable offence can be granted bail .. The Constitution Bench's relevant observations are set out as under:

"……..A wise exercise of judicial power inevitably takes care of the evil consequences which are likely to flow out of its intemperate use. Every kind of judicial discretion, whatever may be the nature of the matter in regard to which it is required to be exercised, has to be used with due care and caution. In fact, an awareness of the context in which the discretion is required to be exercised and of the reasonably foreseeable consequences of its use, is the hall mark of a prudent exercise of judicial discretion. One ought not to make a bugbear of the power to grant anticipatory bail"."

 

D. Accused is presumed to be innocent till he is found guilty: Cr. Appeal No. 2271 of 2010 (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre v State of Maharashtra decided on 02.12.2010

"93. It is a matter of common knowledge that a large number of undertrials are languishing in jail for a long time even for allegedly committing very minor offences. This is because section 438 Cr.P.C. has not been allowed its full play. The Constitution Bench in Sibbia's case (supra) clearly mentioned that section 438 Cr.P.C. is extraordinary because it was incorporated in the Code of Criminal Procedure, 1973 and before that other provisions for grant of bail were sections 437 and 439 Cr.P.C. It is not extraordinary in the sense that it should be invoked only in exceptional or rare cases. Some courts of smaller strength have erroneously observed that section 438 Cr.P.C. should be invoked only in exceptional or rare cases. Those orders are contrary to the law laid down by the judgment of the Constitution Bench in Sibbia's case (supra). According to the report of the National Police Commission, the power of arrest is grossly abused and clearly violates the personal liberty of the people, as enshrined under Article 21 of the Constitution, then the courts need to take serious notice of it. When conviction rate is admittedly less than 10%, then the police should be slow in arresting the accused. The courts considering the bail application should try to maintain fine balance between the societal interest vis-à-vis personal liberty while adhering to the fundamental principle of criminal jurisprudence that the accused that the accused is presumed to be innocent till he is found guilty by the competent court."

 

 

 

E. Cancellation of bail in a non-bailable offence (In Cr. Appeal No. 2271 of 2010 (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre v State of Maharashtra decided by the Apex Court on 02.12.2010

"24. Mr. Bhushan also submitted that according to the General Clauses Act, 1897 the court which grants the bail also has the power to cancel it. The grant of bail is an interim order. The court can always review its decision according to the subsequent facts, circumstances and new material. Mr. Bhushan also submitted that the exercise of grant, refusal and cancellation of bail can be undertaken by the court either at the instance of the accused or a public prosecutor or a complainant on finding fresh material and new circumstances at any point of time. Even the appellant's reluctance in not fully cooperating with the investigation could be a ground for cancellation of bail.

 

32. Mr. Jethmalani fairly submitted that the practice of passing orders of anticipatory bail operative for a few days and directing the accused to surrender before the Magistrate and apply for regular bail are contrary to the law laid down in Sibbia's case (supra). The decisions of this Court in Salauddin Abdulsamad Shaikh v. State of Maharashtra (1996) 1 SCC 667, K. L. Verma v. State and Another (1998) 9 SCC 348, Adri Dharan Das v. State of West Bengal (2005) 4 SCC 303 and Sunita Devi v. State of Bihar and Another (2005) 1 SCC 608 are in conflict with the above decision of the Constitution Bench in Sibbia's case (supra). He submitted that all these orders which are contrary to the clear legislative intention of law laid down in Sibbia's case (supra) are per incuriam. He also submitted that in case the conflict between the two views is irreconcilable, the court is bound to follow the judgment of the Constitution Bench over the subsequent decisions of Benches of lesser strength.

 

65. In Maneka Gandhi v. Union of India and Another (1978) 1 SCC 248, this court expanded the scope of the expression 'personal liberty' as used in Article 21 of the Constitution of India. The court rejected the argument that the expression 'personal liberty' must be so interpreted as to avoid overlapping between Article 21 and Article 19(1)....

 

101. The proper course of action ought to be that after evaluating the averments and accusation available on the record if the court is inclined to grant anticipatory bail then an interim bail be granted and notice be issued to the public prosecutor. After hearing the public prosecutor the court may either reject the bail application or confirm the initial order of granting bail. The court would certainly be entitled to impose conditions for the grant of bail. The public prosecutor or complainant would be at liberty to move the same court for cancellation or modifying the conditions of bail any time if liberty granted by the court is misused. The bail granted by the court should ordinarily be continued till the trial of the case.

 

103. It is a settled legal position that the court which grants the bail also has the power to cancel it. The discretion of grant or cancellation of bail can be exercised either at the instance of the accused, the public prosecutor or the complainant on finding new material or circumstances at any point of time.

 

105. The court which grants the bail has the right to cancel the bail according to the provisions of the General Clauses Act but ordinarily after hearing the public prosecutor when the bail order is confirmed then the benefit of the grant of the bail should continue till the end of the trial of that case.

 

107. .. It would not stand the test of fairness and reasonableness which is implicit in Article 21 of the Constitution after the decision in Maneka Gandhi's case (supra) in which the court observed that in order to meet the challenge of Article 21 of the Constitution the procedure established by law for depriving a person of his liberty must be fair, just and reasonable.

 

117. The view expressed by this Court in all the above referred judgments have to be reviewed and once the anticipatory bail is granted then the protection should ordinarily be available till the end of the trial unless the interim protection by way of the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding fresh material or circumstances or on the ground of abuse of the indulgence by the accused."

 

 

F. Guidelines For Arrest: Cr. Appeal No. 2271 of 2010 (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre v State of Maharashtra decided on 02.12.2010

 

"95. The gravity of charge and exact role of the accused must be properly comprehended. Before arrest, the arresting officer must record the valid reasons which have led to the arrest of the accused in the case diary. In exceptional cases the reasons could be recorded immediately after the arrest, so that while dealing with the bail application, the remarks and observations of the arresting officer can also be properly evaluated by the court.

 

96. It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided.

 

97. A great ignominy, humiliation and disgrace is attached to the arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage.

 

111.....The applicant who may not have otherwise lost his liberty loses it because he chose to file application of anticipatory bail on mere apprehension of being arrested on accusation of having committed a non-bailable offence. No arrest should be made because it is lawful for the police officer to do so. The existence of power to arrest is one thing and the justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. This finding of the said judgment (supra)[Salauddin's case] is contrary to the legislative intention and law which has been declared by a Constitution Bench of this court in Sibbia's case (supra).

 

120. The Law Commission in July 2002 has severely criticized the police of our country for the arbitrary use of power of arrest which, the Commission said, is the result of the vast discretionary powers conferred upon them by this Code. The Commission expressed concern that there is no internal mechanism within the police department to prevent misuse of law in this manner and the stark reality that complaint lodged in this regard does not bring any result. The Commission intends to suggest amendments in the Criminal Procedure Code and has invited suggestions from various quarters. Reference is made in this Article to the 41st Report of the Law Commission wherein the Commission saw 'no justification' to require a person to submit to custody, remain in prison for some days and then apply forbail even when there are reasonable grounds for holding that the person accused of an offence is not likely to abscond or otherwise misuse his liberty. Discretionary power to order anticipatory bail is required to be exercised keeping in mind these sentiments and spirit of the judgments of this court in Sibbia's case (supra) and Joginder Kumar v. State of U.P. and Others (1994) 4 SCC 260.

 

122. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

 

i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

 

ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

 

iii. The possibility of the applicant to flee from justice;

 

iv. The possibility of the accused's likelihood to repeat similar or the other offences.

 

v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.

 

vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.

 

vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;

 

viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should bethere should be prevention of harassment, humiliation and unjustified detention of the accused;

 

ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

 

x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

 

123. The arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case.

 

124. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record.

 

125. These are some of the factors which should be taken into consideration while deciding the anticipatory bail applications. These factors are by no means exhaustive but they are only illustrative in nature because it is difficult to clearly visualize all situations and circumstances in which a person may pray for anticipatory bail. If a wise discretion is exercised by the concerned judge, after consideration of entire material on record then most of the grievances in favour of grant of or refusal of bail will be taken care of. The legislature in its wisdom has entrusted the power to exercise this jurisdiction only to the judges of the superior courts. In consonance with the legislative intention we should accept the fact that the discretion would be properly exercised. In any event, the option of approaching the superior court against the court of Sessions or the High Court is always available.

 

126. Irrational and Indiscriminate arrest are gross violation of human rights. In Joginder Kumar's case (supra), a three Judge Bench of this Court has referred to the 3rd report of the National Police Commission, in which it is mentioned that the quality of arrests by the Police in India mentioned power of arrest as one of the chief sources of corruption in the police. The report suggested that, by and large, nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% of the expenditure of the jails.

 

127. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

 

129. In case the arrest is imperative, according to the facts of the case, in that event, the arresting officer must clearly record the reasons for the arrest of the accused before the arrest in the case diary, but in exceptional cases where it becomes imperative to arrest the accused immediately, the reasons be recorded in the case diary immediately after the arrest is made without loss of any time so that the court has an opportunity to properly consider the case for grant or refusal of bail in the light of reasons recorded by the arresting officer.

 

131. It is imperative for the High Courts through its judicial academies to periodically organize workshops, symposiums, seminars and lectures by the experts to sensitize judicial officers, police officers and investigating officers so that they can properly comprehend the importance of personal liberty vis-à-vis social interests. They must learn to maintain fine balance between the personal liberty and the social interests.

 

132. The performance of the judicial officers must be periodically evaluated on the basis of the cases decided by them. In case, they have not been able to maintain balance between personal liberty and societal interests, the lacunae must be pointed out to them and they may be asked to take corrective measures in future. Ultimately, the entire discretion of grant or refusal of bail has to be left to the judicial officers and all concerned must ensure that grant or refusal of bail is considered basically on the facts and circumstances of each case."

--
Truth resides in every human heart, and one has to search for it there, and to be guided by truth as one sees it. But no one has a right to coerce others to act according to his own view of truth. - Mohandas Gandhi
 
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