- (1.) The petitioners approached this Court to challenge the order dated 14 th November, 2008 passed by the Judicial Magistrate, 1 st Class, Giridih in T.R. No. 19 of 2010, G.R. No. 537 of 2006, Dumri P.S. Case No. 35 of 2006 (State Vs. Ram Chandra Sao). Learned counsel for the petitioners submitted that the order dated 14 th November, 2008 is illegal as by that order, the learned Trial Court has cancelled the bail bonds and ordered for issuance of non-bailable warrant as well as notice to the sureties. Learned counsel relied upon the order passed on 20.08.2010, by this Court in W.P. (Cr.) No. 111 of 2010, wherein this issue has been considered where also the Magistrate ordered that bail bond of the accused is cancelled and non-bailable warrant should be issued. This Court observed in the said case decided on 20.08.2010 that correct order to be passed is that bail is cancelled. This Court taking a liberal view in W.P. (Cr.) No. 337 of 2010 observed that Judicial Magistrate without application of mind, while canceling the bail, also cancelled the bail bonds.
(2.) The bail bond is submitted giving a guarantee by theaccused to remain present in Court in terms of the bonds given by him with conditions stipulated in the bond by the accused as well as by the sureties. In case, because of the absence of the accused, bail bonds are cancelled then nothing can be executed whereas upon cancellation of bail, the bonds becomes executable.
(3.) The Trial Court has passed the order without application of mind in spite of decision of this Court delivered in W.P.(Cr.) No. 111 of 2010 (Abhishek Kumar Gupta Vs. The State of Jharkhand & Anr.) decided on 20.08. 2010 and W.P. (Cr.) No. 337 0f 2010 (Bhagwan @ Barun Kumar Bose @ Barun Bose Vs. The State of Jharkhand & Ors.) decided on 8.07.2011.;