9911796707
TMI Blog2003 (8) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... the present applicant in his personal capacity being served, were expected to appear before the Magistrate. When the Court process is issued, it is required to be respected. It is necessary to read the language of the summons forwarded which reads as under :-- "You are hereby required to appear in person or by Pleader (as the case may be) before the (Magistrate) of ...." 4. Thus accused was required to remain present before the Magistrate in person or through an Advocate. There was no mandate to personally remain present. It is also required to be noted that it is not necessary that in all the cases and at all times an accused should remain present. He may be represented through a lawyer. The Criminal Procedure Code (Cr.P.C.) has provided machinery and various provisions to secure the presence of an accused. If at the initial stage, while taking the cognizance, the Magistrate thought it fit that the accused may appear before the Court either in person or by an Advocate, then the Advocate's presence before the Court is sufficient compliance with the summons issued by the Court. 5. It is also required to be noted at this juncture that the complaint is filed by a public servant, na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ummons-case, the summons was required to be issued for attendance of the accused and in view of the fact that the offence was not grave, the Court issued summons to the accused to appear in person or through a pleader. 9. Chapter 37 of the Cr.P.C. under the caption 'Miscellaneous' provides Forms under section 476. The forms set forth in the Second Schedule, with such variations, as the circumstances of each case requires, may be used for the respective purposes therein mentioned, and if used shall be sufficent. In Second Schedule, Form No. 1is prescribed. Under section 61 under the caption "Processes to Compel Appearance', procedure is prescribed for issuance of summons and the manner in which it is to be served. Where summons is issued by a Court under this Code, then the same is required to be issued in writing in duplicate. The same is required to be signed by the Presiding Officer of such Court or by such other officer, as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court. Now it is under this provision form is prescribed in Second Schedule and in consonance with that form summons was issued to the accused to appear in person or by a P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impression that bailable warrant was issued against the petitioner. It is because of this reason that when application came up for hearing on 24-4-2003, the Magistrate accepted the application and withdrew the warrant of attachment subject to cost of Rs. 500. It was further ordered that case be put up on 23-7-2003 for appearance and furnishing of bail bonds. 13. On 23-7-2003, the petitioner was present before the Court but bail bonds were not furnished. The case was adjourned to 7-8-2003 for furnishing of bail bonds and appearance. 14. It is the case of the petitioner that on 7-8-2003 he appeared before the Magistrate with one Ms. Archana Shukla, Senior Correspondent, Bennett Coleman & Co. who submitted herself as surety for the accused and also submitted a certificate of FDR for a sum of Rs. 15,406 before the Magistrate. However, the Magistrate refused to accept the said surety and insisted that a surety should be a Government servant and kept the matter for 3 p.m. At 3.p.m, the petitioner produced one Sh. S. Chakraverty, Under Secretary, Government of India, working with Cabinet Secretariat who produced his identity card along with salary slip but the Magistrate refused to acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se aspects. Even if the Magistrate would have directed the accused to deposit a sum of Rs. 500 that would have served the ends of justice. 17. The High Court Manual wherein instructions to the Courts below are given, is required to be referred. Chapter 10 refers to Bail and Recognizance which clearly points out that it must be understood that in case of every bailable offence, bail is a right not a favour. In demanding bail bond from an accused person, Magistrates should bear in mind the social status of the accused and fix the amount of bail accordingly; care should be taken that the amount so fixed is not excessive. The amount of the bail and the offence charged, with the section under which it is punishable, should always be stated on the face of an order directing the accused to be detained in the lock-up in default of his furnishing bail. Bail may be tendered and must be accepted at any time before conviction. 18. So far as cash or Government promissory notes are concerned, Clause 4 of Chapter 10 reads as under : "Under section 513 of the Code of Criminal Procedure (See section 445 of new Code), a deposit of cash or Government promissory notes may be made in lieu of bail, e ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
