MOHAMMED SHAMEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision is against the order imposing a penalty on the petitioner after forfeiting the bond executed in accordance with the mandate under Sec. 116 (3) of Cr.P.C. The bond was executed for a longer period of one year. But, within that time another crime was committed just before the expiry of one year period from the date of execution of the bond.

(2.) It is submitted by the learned counsel for the petitioner that the mandate under Sub-Sec. (3) of Sec. 116 Cr.P.C is to execute a bond till the completion of enquiry under Sub-Sec. (1) and it shall not be for a longer period. Sub-Sec. 6 of Sec. 116 Cr.P.C was also relied on by the learned counsel for the petitioner that there will be an automatic termination of enquiry on expiry of six months. If the enquiry is not completed within that time, there will be an automatic termination. A joint reading of Sub-Sec. 3 and Sub-Sec. 6 of Sec. 116 Cr.P.C would sufficiently show that the bond which can be executed should be and must be for the period till the completion of the enquiry under Sub-Sec. (1) of Sec. 116 Cr.P.C. The mere fact that the bond was executed for a longer period may not be sufficient to bring the matter within the sweep of either Sub-Sec. (1) or Sub-Sec. (3) of Sec. 116 Cr.P.C. Necessarily, the forfeiture of bail bond on the allegation of violation after the expiry of six months period would not stand in the eye of law and it will stand set aside.