- (1.) Learned counsel for the petitioners submits that in this case, the petitioners were found involved in an offence under Section 201 IPC during the course of investigation. They were released on bail by the police as the offence under Section 201 IPC is a bailable offence. The bail bonds taken from the petitioners during the course of the investigation have been placed on record. The charge-sheet reveals that at the time of Filing of the charge-sheet on 15.1.2011, the petitioners were not given any notice regarding the date on which charge-sheet would be filed and the same was filed in absence of the accused. Learned Judicial Magistrate, First Class, Tibbi on 24.1.2011 proceeded to cancel the bail bonds of the petitioners and directed to summon them by warrant of arrest. It appears that the petitioners could not have known about the charge-sheet being filed on 15.1.2011. The bail bonds of the accused, which have been submitted by the police along with charge-sheet disclose that the bail bonds have been taken on 17.11.2010 and on that day, the police could not have been known that charge-sheet would be filed on 15.1.2011 and thus, the date of filing of charge-sheet appears to be subsequently filled in the bail bonds.
(2.) In this view of the matter, the order dated 24.1.2011 passed by learned Judicial Magistrate, First Class, Tibbi whereby the bail bonds of the petitioners have been forfeited is set aside. Now, the case is committed to the court of Additional Sessions Judge No. 1, Hanumangarh. The petitioners may appear before the learned Additional Sessions and furnish their bail bonds.
(3.) It may be made clear that this is a general difficulty faced by the accused. At the stage of charge-sheet wherein the accused are either on anticipatory bail or are released on bail by the police for bailable offences, it is seen often that intimation about the date of filing of challan is not given to the accused after taking the bail bonds. The charge-sheet is filed without giving notice to the accused and the court cancels the bail bonds as the accused do not appear on the date of filing of challan. The Hon'ble Apex Court in its judgment rendered in the case of Free Legal Aid Committee, Jamshedpur vs. State of Bihar, considering the situation wherein the accused released on bail during the course of the investigation, were being made to appear before the court regularly till the filing of the challan, gave the following directions:- The first interim direction sought by Mr. Sibal is that when an accused is released on bail, he should not be required to appear in court until the charge-sheet is filed and process issued by the Court. Mr. Sibal states that today what happens in many of the Magistrates Courts in Bihar is that the accused is required to appear before the Court every fourteen days even though he is on bail and this causes considerable harassment to the accused. He submits and in our opinion rightly that this is not required by law and Mr. K.G. Bhagat, learned advocate appearing on behalf of the State of Bihar, fairly concedes that law does not require that an accused on bail need appear before the Court before the charge-sheet is filed and process issued by the Court. We, therefore, direct that whenever an accused is released on bail he need not required to appear before the Court until the charge-sheet is filed and the process is issued by the Court.;