- (1.) K. N. Sinha, J. The present revision has been filed against the order dated 11-2-2002 passed by Additional Sessions Judge Court No. 8, Aligarh. From the record it transpired that revisionist was an accused in Session Trial No. 927 of 1994 State v. Jagvir and others, under Section 364/367 IPC P. S. Asrauli District Aligarh. The accused was initially granted bail but he did not attend the Court from 11-11-2002 to 7-12-2002 on account of illness. The Court had issued non-bailable warrant against the revisionist. The revisionist was detained in jail since 9-12-2002 and he applied for bail. By the impugned order the bail application of the applicant was allowed but a condition was imposed that accused revisionist shall deposit Rs. 10,000/- (Ten thousand) as the amount of Personal Bond.
(2.) HEARD learned counsel for the revisionist and the learned AGA for State opposite party and perused the impugned order. It was first contended before this Court that an amount of Personal Bond can not be directed to be deposited unless the bond is forfeited and a notice under Section 446 is issued. The Court should first record its satisfaction forfeiting the bonds then may call upon the person to show cause why it should not be paid or to deposit the amount of Personal Bond as penalty thereon. According to Section 446 sub-clause (2) of the Cr. P. C. "if the sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code;' No such procedure has been adopted by the trial Court. Thus in view of the above provision, directing to deposit Rs. 10,000/- (Ten thousand) being amount of Personal Bond filed by the petitioner earlier, is totally illegal. Such a condition in grant of bail is not only unreasonable but is also illegal. The revision is allowed and the condition imposed regarding deposit of the amount of Rs. 10,000/- (Ten thousand) of previous Personal Bond imposed by learned Additional Sessions Judge is set aside. If the amount has been deposited it shall be refunded to the revisionist.
(3.) THE revisionist shall be released as ordered by the learned trial Court without the above deposit. Revision allowed. .;