9911796707
TMI Blog1987 (7) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... the practice of calling upon the Accused to furnish fresh bail at different stages such as after the issue of process by the trial Magistrate or after the case is committed to the Court of Sessions was not warranted by any law and the practice in that behalf resulted in the harassment of the Accused and for no advantage, especially when the bail bonds that have been executed at the stage of remand could not be said to have been cancelled. 2. In the instant case the Petitioners were released from custody after orders of bail had been passed in their favour and after the Petitioners had executed their bail bonds and furnished security in support thereof. It is the case of the Petitioners that they continued to attend Court regularly on each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to appear before the Court until the charge-sheet is filed and the process is issued by the Court. The practice in that behalf in many Magistrate Courts requring the Accused to appear before Court every fourteen days even though he was on bail was disapproved. It was further observed that in cases triable by the Court of Sessions the practice followed by the Magistrate is that when the accused is released on bail, the bail is granted to him only during the pendency of the inquiry before the Magistrate, with the result that when the case is committed to the Court of Sessions, he is rearrested and brought before the Court of Sessions, where he has to apply once again for fresh bail. This causes considerable inconvenience to the accused w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l justice and the inconvenience and the harassment thus caused to the Accused by the said prevalent practice should necessarily be eliminated. Similarly the bail bonds should be so modelled as to ensure the attendance of the Accused to appear not only as and when required before the Magistrate who grants the original order of bail but also to appear as and when required before any Court to which the case may be transferred or to any Court to which the case may be committed, till the final conclusion of the trial and this will eliminate the necessity of the Accused being required to execute fresh bonds and furnish fresh security at different stages of the trial. A bail bond once executed and security duly furnished should ordinarily enure to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused for the purpose of facing trial not only before the learned Magistrate who grants the order of bail, but also before any other Court to which the case maybe transferred or committed. On this being done, the aforesaid harassment which is caused to the accused can be eliminated.
7. In the result, this Petition is allowed and the learned Chief Metropolitan Magistrate is directed not to take the Petitioners in custody and call upon them to furnish fresh bail bonds. Instead, the Petitioners shall continue to be on bail both before the proceedings before the learned Magistrate as also during the trial before the Court of Sessions, if the case is committed to that Court.
Rule absolute in the above terms. X X X X Extracts X X X X X X X X Extracts X X X X
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