- (1.) BHAGWAN Din, J. This is an application under Section 482 Cr. P. C. , filed by Smt. Radha Devi for quashing the order dated 25-7-2002 passed by IVth Additional C. J. M. , Lucknow by which the personal bond of the applicant has been cancelled and non-bailable warrant was issued.
(2.) A charge-sheet against the present applicant and two others has been filed under Sections 498-A and 306 I. P. C. The learned Magistrate took cognizance of the case and issued bailable warrant against the applicant fixing 20-7-2001 for appearance. The applicant appeared in Court on 18-7-2001 and moved application for recalling the aforesaid order. The learned Magistrate recalled the said order on furnishing a personal bond of Rs. 50,000/- by the applicant for his appearance in his Court and the Court of Session. However, on 25-7-2001 the applicant could not attend the Court, therefore, the Magistrate directed issue of non-bailable warrant against the applicant. It may also be mentioned here that in the course of the investigation, the applicant Smt. Radha Devi was released by the Investigating Officer on her furnishing personal bond. She continued to remain on bail as allowed by the Investigation Officer till filing of the charge-sheet. The learned Magistrate asked her to execute a personal bond of Rs. 50,000/- for her appearance in Court/courts. In view of the decision of this Court in Ashutosh Srivastava v. State of U. P. and others, 1996 LLJ 388: 1995 L. Cr. R. 365; Smt. Bhagyawati v. State of U. P. , Writ Petition No. 2707 (M/s) of 1999, decided on 23-9-1999; Krishna Gopal Pandey v. State of U. P. , Crl. Misc. Case No. 661 of 1985, decided on 8-12-1995 and in view of the decision rendered by the Rajasthan High Court in Monit Malhotra v. State of Rajasthan, 1991 Crl. L. J. 806, the Magistrate should not direct an accused who was released on bail by the police in the course of, investigation or after the charge-sheet has been submitted, no bailable warrants or non-bailable warrants should have been issued. When accused was released on bail on his furnishing a personal bond, he should not be asked to apply for bail. He may at the most be asked to furnish a fresh bail bond for his appearance on future dates by the Court. In all the above cases the Courts have unanimously held that: "there is no provision in the Code of Criminal Procedure for asking an accused already released on bail by the police officer to furnish fresh bail and bonds. The bail bonds submitted before the police officer are for purposes of appearing before the Court and when this undertaking has already been given, fresh undertaking for the same effect is not to be asked for. Bail and bonds should ordinarily be for appearance not only before the Court of Magistrate but also if the case is triable by the Court of Session before the Court of Session unless there are particular reasons for not doing so. " In the case in hand, it is evident from Percha No. 4 of the case diary that Smt. Radha Devi was suffering from heart disease and was admitted in the Bahrao Deoras Combined Hospital Mahanagar Lucknow. The Investigating Officer arrested her in the hospital and released her on her personal bond of Rs. 50,000 with two sureties in the like amount. When she appeared in the Court she again furnished a personal bond of Rs. 50,000/- with the undertaking to attend the Court of Magistrate and the Court of Sessions on the eventuality of committal to the Court of Sessions.
(3.) THE learned Magistrate rejected the application for exempting the applicant from personal attendance only on the ground that she has not been enlarged on bail. In view of the above decisions of this Court and High Court of Rajasthan, I am of the view that the applicant was not required to apply for bail and pray for release on bail, insofar as she has already been released on bail on her furnishing personal bond with the undertaking to attend the Court/courts. THE impugned order deserves to be quashed. The application is allowed. The impugned order dated 25-7-2001 contained in Annexure-1 to the application is quashed. The applicant shall be allowed to continue on bail on the bonds which she has already furnished. Application allowed. .;