NARAYAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is filed by the surety under section 482, CrPC challenging the order dated 6.7.2004 passed by 1st Additional Sessions Judge, Guna, in Case No. 56/04 whereby the Court below has directed to recover the amount of surety from the present petitioner. The contention raised by counsel for petitioner is that the Court below has not cancelled the bail order and no bail bonds are cancelled. In such circumstances, the order of recovery cannot be sustained in the eyes of law. After hearing the parties, I allow this petition and direct the Court to proceed against surety only after cancelling the bail order and passing the order of confiscating the amount of surety, after giving show cause notice to the surety and accused persons and after following due procedure laid down by law. MCrC stands disposed of. C.C. as per rules.