MAHESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. The applicant was granted bail by the orders of the High Court on 30. 4. 91. The applicant could not appear before the learned Sessions Judge and his bail bonds were forfeited. The learned Sessions Judge observed that the facility of filing fresh bail bonds should not be granted to the accused applicant and rejected the application for permission to file fresh bonds by order dated 16. 5. 91.

(2.) THE accused-applicant stated that he could not appear on the date fixed on account of sickness, but the explanation submitted by the applicant was not accepted by the Sessions Judge and the court observed that it appears that ground of sickness was a pretention for wilfully absenting from the court. THE provision of cancellation of bail is contained in Section 439 (1) by proviso quoted as under : "439 (1) (b): that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified. Provided the High Court or the Court of Session, shall before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which though not so triable is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for the reasons to be recorded in writing, of opinion that it is not practicable to give such notice. " (2) A High Court Sessions may direct that any person who has been released on bail under this chapter be arrested and commit him to custody. "

(3.) FURTHER the learned Sessions Judge passed order for forfectitng the bail bonds of the sureties who stood sureties for the applicant. Thus, what was the justification for the court below for passing such an order that the applicant would not be entitled to the benefit of submitting fresh bail bonds for his release. The bail order was granted by the High Court and the learned Sessions Judge was impliedly thus cancelling the order passed by the High Court which in my opinion was not proper for him to do. In view of facts and circumstances of the case I consider that the order passed by the court below as far as directing that the applicant shall not be permitted to file fresh bail bonds for his release is liable to be quashed.