- (1.) WE passed an order of bail on 12th March, 2009 with a condition of furnishing bail bond with sureties to the satisfaction of the learned Additional Chief Judicial Magistrate concerned. Our order was placed before the learned Additional Chief Judicial Magistrate, Basirhat. However, that order was not implemented and the application for execution of the order of bail was rejected as the learned Additional Chief judicial Magistrate thought it fit that the same should be rejected.
(2.) WE are of the view that the earlier order of rejection, passed by the learned Additional Chief Judicial Magistrate is absolutely in violation of the judicial order passed by this Court. It was made clear that bail bond and the sureties would be subject to the satisfaction of the learned Additional Chief Judicial Magistrate. So, there was no ambiguity and no difficulty to understand the language of the order passed by this Court. The learned Additional Chief Judicial Magistrate should not remain in the realm of any uncertainty. We do not approve and appreciate his act, done in Judicial capacity. Subsequently, we are informed by Mr. Bose that the learned Additional Chief Judicial Magistrate has implemented the same order of bail. According to us, the subsequent order implementing the order of bail passed by the learned Additional Chief Judicial Magistrate is also illegal and irregular as once he has rejected an application for implementation of bail, he cannot pass any order, until and unless the said order of rejection is recalled by the appropriate Court. Unlike Civil Court under the Code of Civil Procedure, the learned Magistrate, or for that matter the learned Sessions Judge has no power to recall any order passed on an application in exercise of criminal jurisdiction. Such order can only be passed by the Hon'ble Supreme Court or High Court in exercise of the power vested under section 482 read with section 483 of the Code of Criminal Procedure and Article 134 and Article 142 of the Constitution of India.
(3.) THEREFORE , we set aside the earlier order of rejection passed by the learned Additional Chief Judicial Magistrate and we ratify the order passed by this Court on 12th March, 2009.;