GYAN CHAND AGARWAL Vs. CBI

JUDGEMENT

(1.) (1) "Whether a person, who has been granted an order of compulsive bail under Section 167(2) of the Code of Criminal Procedure by the Magistrate and who did not furnish bail bound for a long time pursuant to the order and a charge sheet was filed, in the meanwhile, can be subsequently released on such bail on his furnishing bail-bond on the strength of the earlier order, is a short question raised for consideration in this petition.

(2.) The brief facts are that this petitioner is an accused in Crime No. 76 of 2004 registered at Police Station, Bhilaibhatti for the offence punishable under Sections 420,467, 468, 469 and 471 of the I.P.C. Firstly, he moved an application for grant of anticipatory bail in the said crime which was dismissed by the High Court on 18th of August, 2004 and the matter was directed to be investigated by the Central Bureau of Investigation (for short "CBI"). Consequently, the matter was transferred to the CBI., where it was registered as Crime No. R.C. 10(A)/04/CBI/Jabalpur, (Case Diary No. 44). The petitioner was arrested in the said Crime Number. He made an application before this Court vide M. Cr. C. No. 3266/ 2005 for grant of regular bail under Section 439 Cr. P.C. The aforesaid application was dismissed by the High Court by order dated 16.2.2006. Thereafter, since the prosecution could not file a charge sheet in time, an application under Section 167(2) Cr. P.C. was filed by the petitioner. This application came up for hearing before the Special Magistrate (CBI) on 10.3.2006, who allowed the same and passed an order under Section 167(2) directing the petitioner to furnish two solvent sureties of Rs. 50,000/- each with a personal bond in sum of Rs. 1 lakh (one lakh) for his release on compulsive bail. It is important to mention this fact here that the petitioner did not comply with the bail order granted by the Magistrate (CBI) as he did not furnish bail-bond pursuant to the said order, because according to the petitioner, in the meanwhile, he was also arrested in Crime No. 77/2004 registered at Police Station Bhilaibhatti, Distt. Durg for commission of another offence punishable under Sections 420, 468, 469 and 471 of IPC., for which a bail application (M. Cr. C.No. 2528/2006) was filed before the High Court. The said bail application, seeking regular bail in Crime No. 77/2004 was dismissed by the High Court on 21.11.2006. Against the aforesaid order of dismissal, the petitioner moved a Special Leave Petition before Hon'ble the Supreme Court bearing Special Leave to Appeal (Criminal) No. 6485/2006 (Gyan Chandra Agrawal v. State of Chhattisgarh). The aforesaid S.L.P. came up for hearing before the Supreme Court on 15.12.2006, where it was directed that the petitioner shall be released on bail on his furnishing two sureties of Rs. 25,000/- and a personal bond of the like amount to the satisfaction of the trial Court.

(3.) According to the petitioner he has furnished bail bond in Crime No. 77/2004 and necessary orders were passed in that case, however, he could not be released from jail as he was also required in earlier Crime No. 76/2004 (Changed No. R.C.10(A)/04/CBI/ Jabalpur, (Case Diary No. 44. CBI) because he had not furnished bail-bond pursuant to the order passed by the Magistrate (CBI) under Section 167(2) Cr. P.C. in the said case.