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Judgment
Alok Kumar Verma, J
Present Criminal Revision has been filed assailing the order dated 19.06.2023, passed by learned Ist Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.2823 of 2023, “State vs. Deepak & Others”, whereby, the learned Magistrate has cancelled the default bail, granted on 16.06.2023, on the ground that bail bonds are not furnished by the revisionists-accused persons.
The revisionists-accused persons were granted default bail by learned Magistrate on 16.06.2023 in the terms of Section 167 (2)(a)(ii) of the Code of Criminal Procedure, 1973 in the offence of Section 420 of the Indian Penal Code, 1860 (in short, “IPC”). Charge-sheet was filed by adding Sections 411, 120B and Section 34 IPC. Therefore, an application was filed by the revisionists to release them on bail in the added sections. Learned Magistrate allowed the said application on 17.06.2023 on the ground that the default bail has been granted in the main offence. Thereafter, revisionists submitted their bail bonds. Learned Magistrate declined to accept the bail bonds of the revisionists on 19.06.2023 on the ground that the charge-sheet has been filed and the revisionists have not submitted their bail bonds. By the impugned order dated 19.06.2023, learned Magistrate has also cancelled the default bail, granted on 16.06.2023.
Learned counsel for the State has opposed the revision.
In M. Ravindran vs. Intelligence Officer, Directorate of Revenue Intelligence, (2021) 2 SCC 485, the Hon’ble Supreme Court has held :-
“25.4. Notwithstanding the order of default bail passed by the court, by virtue of Explanation 1 to Section 167(2), the actual release of the accused from custody is contingent on the directions passed by the competent court granting bail. If the accused fails to furnish bail and/or comply with the terms and conditions of the bail order within the time stipulated by the court, his continued detention in custody is valid.”
A perusal of the order dated 16.06.2023 and order dated 17.06.2023 show that no such time frame for furnishing bail bonds had been prescribed by learned Magistrate. Therefore, it cannot be said that the revisionists committed default in complying with the terms and conditions of the order of default bail within the stipulated period.
Consequently, present Criminal Revision (CRLR No.430 of 2023) is allowed, after setting aside the impugned order dated 19.06.2023 and the revisionists-accused persons are permitted to be released on bail in accordance with the order dated 16.06.2023 and 17.06.2023, passed by learned Magistrate.