PYAR SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED petitioners Pyar Singh and Mahendra Singh were ordered to be released on bail vide order dated 10th Dec.1990 and it was directed that they shall be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/ - with two sureties in the amount of Rs. 5,000/ - each to the satisfaction of the learned Additional Sessions Judge No. 2 Bharatpur. The learned Counsel for the petitioners submits that the Additional Sessions Judge No. 2 Bharatpur has refused to verify the personal bonds and the sureties bonds and the accused petitioners has not been released on bail till date. It is submitted that since the case was decided by the Additional Sessions Judge No.1 Bharatpur the order of this Court has not been honoured by the Additional Sessions Judge No. 2 Bharatpur. We intend to make it absolutely clear that whenever an order is passed and the name of the authority is mentioned, it is the bounded duty of the authority to honour the order of this court and comply with the same in letter and spirit. Non -observance of the order is completely disobedience of the orders of the court and hence it is not expected from the officer of the rank of Additional Sessions Judge to have acted irresponsibly in not accepting the personal bonds and the bail bonds.

(2.) IN criminal appeals when any bail application is moved, which is decided by this court and a direction is issued for releasing the accused on bail and the name of the authority to whose satisfaction the bail bonds are to be available, it has to be done by other person who is carrying out the duties of that particular court. Muchless when the order of suspension of sentence is passed in a criminal appeal pending before this Court, the only task of the officer, whose satisfaction the bail bonds are to be verified, is to remit the same and nothing beyond. Even the bail orders are passed wherein the bonds are verified to the satisfaction of the Additional Registrar (Judl.) and in some cases to the satisfaction of the Chief Judicial Magistrate. The orders are passed keeping in view the exigencies at a particular point of time. The learned Additional Sessions Judge No. 2, Bharatpur is directed to comply with the orders forthwith and issue the release order.