Pritam Singh Pattar, J. - (1.) THIS is a revision petition filed by Uttam Singh son of Sunder Singh, resident of Faridkot against the order dated 8th, August, 1974 of the Sessions Judge, Faridkot, whereby he cancelled his bail bond and the surety bond in a case under section 376/511, Indian Penal Code, pending against him in his Court and issued non -bailable warrants for his arrest.
(2.) THE facts of this case are that a case under section 376/511, Indian Penal Code, is pending against Uttam Singh petitioner in the Court of the Sessions Judge, Faridkot and it was fixed for evidence of the prosecution on 8th August 1974. It is alleged that the petitioner had gone to see his relative at Budhlada, where he fell seriously ill on 7th August, 1974 and he got himself examined from the Senior Medical Officer, In charge Civil Hospital, Budhlada, who advised him four days rest. The petitioner sent telegrams to the Sessions Judge and also to his counsel with regard to his illness. The telegram which was addressed to the Sessions Judge, runs as follows : - - Seriously ill. Under the treatment of civil Hospital Budhlada. Kindly exempt presence and give adjournment. It is alleged that on 7th August, 1974 Shri Amarjit Singh, counsel for the complainant requested the Sessions Judge that one of his cases pending in his Court may be fixed for 8th August, 1974 as the petitioner Uttam Singh in the case pending against him and fixed for 8th August, 1974 was not going to appear on that date. The Sessions Judge was alleged to have called the Public Prosecutor and in consultation with him passed on 7th August, 1974 the following order : - - Present : - -None. The case is fixed for tomorrow for prosecution evidence. The accused Uttam Singh has sent a telegram that he is under the treatment of Civil Hospital, Ludhiana. No medical certificate has been forwarded. Non -bailable warrants of arrest be issued against Uttam Singh for tomorrow. On 8th August, 1974, this case against the petitioner was called and the following order was passed : - - Present : - - P.P. for the State Shri Ram Narain, counsel for Uttam Singh, accused. The accused is absent. The bail bond and the surety bond of the accused are cancelled. Notice to issue to the surety for 20th August, 1974 to show cause why the amount of the bond be not recovered from him. Non -bailable warrant of arrest issued against the accused has been received back unexecuted. The Head Constable Such a Singh only went to Ludhiana and did not go to Budhlada. Now, fresh warrant of arrest (non -bailable be issued against the accused for 10th August, 1974. The accused will also show cause why the amount of the bond be not realised from him....... Feeling aggrieved, the petitioner filed this revision petition in this Court on 12th August, 1974 against the order dated 8th August, 1974 that the Sessions Judge is biased against him and he passed orders illegally on 7th August, 1974 and issued non -bailable warrants and that the impugned order is wrong and illegal and may be set aside. Notice of this petition was issued to the State. It is admitted that the petitioner Uttam Singh was on bail in a case pending against him under section 376/511, Indian Penal Code. In the bail bond, the accused undertakes to appear in Court on all the dates of hearing fixed in the case and his surety undertakes to produce him on such dates. The petitioner Uttam had gone to Budhlada to meet his relative and he fell ill there and was under the treatment of the Officer Incharge of the Civil Hospital. He sent a telegram to the Court informing about his illness. There was no justification for the Sessions Judge to issue non -bailable warrants against the petitioner on 7th August, 1974. In his order dated 7th August, 1974 reproduced above, it is mentioned that no medical certificate has been forwarded. A medical certificate could not be sent alongwith the telegram. He fell sick on 7th August, 1974 and, therefore, the medical certificate could not reach the Court on the same day. No opportunity was given to him to show cause why his bail bonds should not be cancelled. The Sessions Judge had already issued non -bailable warrants of arrest against him on 7th August, 1974 and, therefore, there was no justification for him to forfeit the bail bond and the surety bond on 8th August, 1974 before hearing the petitioner. The order of the learned Sessions Judge cannot be sustained and is set aside.
(3.) AS a result, this revision petition is accepted and the impugned order dated 8th August, 1974 is set aside and the petitioner is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Faridkot, pending the decision of the case.;