JAYANTILAL PURSHOTTAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A surety bond issued by a surety for the appearance of an accused person before the police was forfeited on the ground that the accused did not appear before the police at the time mentioned in the bond, and this is the subject-matter of the appeal.

(2.) A parson, who is arrested, may be released by the police or by a Magistrate on bail under Section 496, Criminal P. C, which reads as follows: when any person other than a person accused of a nonbailable offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail. . . . Section 499, Criminal P. C. is also relevant and that section reads as follows: (

(3.) I, therefore, hold that the police have no power to require an accused person released on bail to ask him to appear before them. They can only require the accused person to appear before the Magistrate at the time and place mentioned in the bond. The appeal is therefore allowed and the order of the learned Magistrate forfeiting the bond is set aside.