KISHORE KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2. Learned counsel appearing for the petitioner submits that the petitioner was made accused in a complaint case bearing C.P. Case No. 1233 of 2011. In that case when cognizance of the offence was taken under Section 138 of the Negotiable Instruments Act, the petitioner did surrender and was granted bail. Subsequently, the complainant being aggrieved with the order whereunder cognizance was not taken for other offences moved before the revisional court and the revisional court after hearing the parties remanded the matter before the court below for passing a fresh order. Thereupon, cognizance of the offences punishable under Sections 406, 420, 120B of the Indian Penal Code and also under Section 138 of the Negotiable Instruments Act was taken.

(2.) In that eventuality, an application was filed on behalf of the petitioner for allowing him to remain on previous bail bond. That prayer was rejected on 13.6.2012 which order is under challenge.

(3.) Mr. Nanda, learned counsel appearing for the petitioner submits that once the petitioner on the same allegation was allowed bail, the court should have allowed the petitioner to remain on previous bail in spite of the fact that the court did find that offences under Sections 406, 420, 120B of the Indian Penal Code besides the offence under the Negotiable Instruments Act are made out but by not doing so, the court has committed illegality.