KISHAN GOPAL Vs. DEOKINANDAN

JUDGEMENT

(1.) A criminal complaint has been lodged by respondent Deokinandan, under sections 415 and 420 of the Indian Penal Code. It has also been filed under sections 138 and 142 of the Negotiable Instruments Act, 1882. The proceedings are pending in the Court of Judicial Magistrate, First Class, Guna.

(2.) THE petitioner was summoned through bailable warrant to appear in the Court. The petitioner furnished a bail bond to the police officer who served the summons on the petitioner. The bail bond is in the sum of Rs. 1000/-. The petitioner has appeared in the Court of Judicial Magistrate First Class. The petitioner made a prayer before the Court below that there is no sufficient material on the record for summoning him. He accordingly, prayed that he should be heard in the matter. This prayer has not been considered on the ground that the petitioner has not furnished fresh bonds after putting in appearance in the Court. It is this aspect of the matter which is being challenged in this revision petition.

(3.) THE argument raised by the learned counsel appearing for the petitioner has merit. The Police Officer who accepts the bail bond does so in pursuance of an order passed by the Magistrate or the Court and once that is accepted, then there in no necessity for asking the petitioner to furnish a fresh bail-bond. In case there is breach of undertaking given by the petitioner, the Court can cancel the same. It is only in that eventuality, a fresh bail-bond can be insisted upon. However, in the present case, a bail- bond has already been furnished. There is no dispute in this regard. In this view of the matter, the observations made that trial Court would not look into the plea raised by the petitioner unless and until fresh bail-bonds are furnished are held to be without authority of law. This revision petition is allowed. The order passed by the Court below is set aside. It would now proceed with the matter further in accordance with law, without insisting on fresh bonds.