AWADH BEHARI SINGH Vs. STATE

JUDGEMENT

(1.) THE applicant, who was wanted in a criminal case under Sections 420/379 IPC surrendered before the Judicial Magistrate on 25-4-1974. His bail was rejected on 26-4-1974. On 1-5-1974 the Sessions Judge allowed his application and passed the following order : "Let the applicant be released on his executing personal bond in an amount of Rs. 3000/- with two sureties in the like amount to the satisfaction of the Magistrate concerned."

(2.) THIS order appears to have been communicated to Munsif-Magistrate. The sureties were furnished before him. He accepted the bail bonds. Lateron it occurred to him that the offence related to another Police Station and the sureties should have been accepted by the Judicial Magistrate. He accordingly sent a letter to the Sessions Judge on 2-5-1974, copy of which has been attached as annexure '3', pointing out the mistake and requesting him to cancel the bail granted by him on 2-5-1974 as :