BALROOP SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for a writ of habeas corpus by a person against whom proceedings under Section 108, Criminal P. C., are pending at present in the Court of the Additional District Magistrate, Kanpur.

(2.) The applicant in response to a summons or notice issued by the Court appeared before it on 21-6-54. On that date he was ordered to he released on bail; he furnished bail and was released from the custody of the Court. Proceedings dragged on for a long time and on 9-4-55 he appeared again before the Court when an order under Section 112 was read over to him. On 21-6-54 he had not filed any personal bond; he had only filed a bond of a surety. Consequently on 9-4-35 , he removed the defect by filing a persona! bond. He continued to be on bail still 26-5-55 when he filed an application written in his own handwriting stating that he did not want to remain on bail and that the bond filed by him should be cancelled. On this the Court cancelled not only the personal bond but also the bond executed by his surety, and took him into custody. He could not possibly remain on bail without filing a personal bond and the Court acted rightly in cancelling the bond of his surety when it cancelled, on his own request, his personal bond. When the bail bonds were cancelled the Court was obliged to take him in custody.

(3.) Then on 4-8-55 he prayed for being released on bail; he filed a personal bond and prayed that the bond executed by his surety previously should be treated as still in operation. The Court ordered him to be released on bail on his furnishing two sureties for Rs. 500/- each and a personal bond for the same amount. It made it clear that fresh surely bonds must be furnished because the old bonds were cancelled on 26-5-55. The applicant has not yet complied with that order and has, therefore, not been released from detention. So far he has filed only a personal bond. He had also filed one surety bond executed by Ram Autar on 18-8-55 but Ram Autar has got it cancelled on 25-8-55. In the absence of surety bonds the applicant could not be released.