MOHIT MALHOTRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN important point of law arises in this petition and the same is to the effect whether a person accused in a bailable offence and released on bail by the police authority has to seek bail again from the court and furnish bail and bonds for a second time.

(2.) THE petitioner in this case was released by the police under Sec. 436 Cr. PC. on his furnishing bail and bonds for his appearance before the court of Additional Chief Judicial Magistrate on all dates of hearing. When the petitioner appeared before the court on presentation of challan, the Magistrate directed that he should furnish fresh bail and bonds in the sum of Rs. 3,000/-and on his failure to do so he shall be sent to judicial custody. In pursuance of this order, the petitioner filed fresh bail and bonds but he has challenged this order on the ground that the same is illegal and against the provisions of the Code of Criminal Procedure and Criminal Jurisprudence and also against the administration of criminal justice.

(3.) THE apprehension of the learned public prosecutor that a bond or Surety submitted before the police cannot be for feited by the court is, baseless. THE authority before whom the bail bonds are furnished is not the only authority who can forfeit the bail bonds but it is the court before whom the accused has to appear and has under taken in the bail and bonds that he would appear, which can forfeit the bail and bonds in case default is committed. Sub-section (2) of Sec. 446, Cr. P. C. makes no reference as to who may have taken the bonds. If it is for appearance before the court, that court or any other court to which the case has been transferred can forfeit the same.