(1.) This Rule is directed against an order dated November 2, 1976, passed by Shri G.B. Ghosh, Sessions Judge, Alipore, in Criminal Misc. Case No. 1937 of 1976, directing the accused Petitioners to furnish fresh bail bonds of Rs. 10,000 each with two sureties of Rs. 5,000 each, one of such sureties to be local, to the satisfaction of the Chief Judicial Magistrate at Alipore.
(2.) The accused Petitioners Satikanta Guha and Indranath Guha were granted bail by a Bench of this Court on July 7, 1976, arid the accused Petitioner Ramendra Nath Lahiri was also granted bail on July 16, 1976, after submission of the charge-sheet. The accused Petitioner Pritilata Guha was granted bail by a learned Magistrate on May 29, 1976, but this Court by an order dated June 14,1976, made certain modifications in the terms of the bail granted by the learned Magistrate.
(3.) It is submitted by Mr. Sankardas Banerjee, learned Advocate appearing on behalf of the accused Petitioners, that the learned Sessions Judge's order directing the accused Petitioners to furnish fresh bail bonds tantamounted to cancellation of this Court's orders granting them bail and as such, the order was without jurisdiction. The learned Advocate-General appearing on behalf of the State has very fairly conceded that in view of this Court's decision in the case of Balai Mistri and Anr. v. The State,1976 CalHN 837there cannot be any question of the Sessions Judge's cancelling an order for bail granted by this Court at the time of commitment and if the learned Sessions Judge by his order intended to do so, he was clearly wrong. The learned Advocate-General has, however, contended that it was not the intention of the learned Sessions Judge to cancel the bail granted by this Court but to order them to execute fresh bail bonds which he was entitled to do.