DEEPAK AND SANDEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Criminal Revision has been filed assailing the order dtd. 19/6/2023, passed by learned Ist Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.2823 of 2023, 'State vs. Deepak and Others', whereby, the learned Magistrate has cancelled the default bail, granted on 16/6/2023, on the ground that bail bonds are not furnished by the revisionists-accused persons.

(2.) The revisionists-accused persons were granted default bail by learned Magistrate on 16/6/2023 in the terms of Sec. 167 (2)(a)(ii) of the Code of Criminal Procedure, 1973 in the offence of Sec. 420 of the Indian Penal Code, 1860 (in short, 'IPC'). Charge-sheet was filed by adding Ss. 411, 120B and Sec. 34 IPC. Therefore, an application was filed by the revisionists to release them on bail in the added Sec. . Learned Magistrate allowed the said application on 17/6/2023 on the ground that the default bail has been granted in the main offence. Thereafter, revisionists submitted their bail bonds. Learned Magistrate declined to accept the bail bonds of the revisionists on 19/6/2023 on the ground that the charge-sheet has been filed and the revisionists have not submitted their bail bonds. By the impugned order dtd. 19/6/2023, learned Magistrate has also cancelled the default bail, granted on 16/6/2023.

(3.) Learned counsel for the State has opposed the revision.