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Judgment
R.M. Sahai, J.—The applicant, who was wanted in a criminal case under Sections 420/379 IPC surrendered before the Judicial Magistrate on 25-4-1974. His bail was rejected on 26-4-1974. On 1-5-1974 the Sessions Judge allowed his application and passed the following order:
Let the applicant be released on his executing personal bond in an amount of Rs. 3000/- with two sureties in the like amount to the satisfaction of the Magistrate concerned.
This order appears to have been communicated to Munsif-Magistrate. The sureties were furnished before him. He accepted the bail bonds. Lateron it occurred to him that the offence related to another Police Station and the sureties should have been accepted by the Judicial Magistrate. He accordingly sent a letter to the Sessions Judge on 2-5-1974, copy of which has been attached as annexure ''3'', pointing out the mistake and requesting him to cancel the bail granted by him on 2-5-1974 as:
From perusal of your honour's order it is clear that direction has been done to the Magistrate concerned to accept the bail bonds while this copy has been sent to me best known to the office.
It is, therefore, requested that bail order to the aforesaid accused kindly be cancelled so that the irregularity may be removed.
The Sessions Judge accepted the suggestion, cancelled the bail and directed issuing of non-boilable warrant. It is apparent that the mistake, if any was of the Court or the office. The applicant was not to be blamed for it. Actis curiae nimine fact-in juriam (The act of the court does wrong to no one). The acceptance by the Sessions Judge of the Munsif's suggestion might have removed the irregularity but it was certainly unjust and unfair to the applicant. There was no occasion to cancel the bail or for issuing of non-boilable warrant particularly without intimating the applicant.
In the circumstances this revision succeeds and is allowed. The order passed by the Sessions Judge dated 2-5-1974 is set aside. The applicant shall, however, present himself within six weeks after the receipt of the record before the proper Magistrate, who shall accept the sureties as directed by the Sessions Judge by his order dated 1-5-1974.