KINDERBIR SINGH @ SUNNY DAYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) At the time of dealing with the bail and cancellation of bail, the court has to keep in mind the following principles:-

(2.) In criminal matters, generally, the bail orders are cancelled and bail bonds are forfeited to the State immediately on the absence of the accused. Neither a show cause nor an opportunity of being heard is afforded to him with regard to his absence. His absence may or may not be willful or may be result of any circumstances beyond his control.

(3.) Although, under the provisions of Section 437(5) of the Code of Criminal Procedure, a magistrate has got power to cancel the bail yet it is well settled law that before passing such an order, the learned magistrate is required to issue notice to the accused so as to afford him an opportunity to explain as to why the bail should not be cancelled but such course has not been adopted by learned magistrate in the case in hand, therefore, it is on this ground alone, the impugned order to the extent of cancellation of bail deserves to be set aside.