Shanker Lal @ Munna and Others vs State of U.P.

S.C. Agarwal, J.—Heard Learned Counsel for the revisionists and learned A.G.A. for the State.

This revision under Sections 397 and 401 Code of Criminal Procedure. is directed against the order dated 23.6.2011 passed by Judicial Magistrate, Bhognipur, Ramabai Nagar in crime No. 55 of 2011 under Sections 420, 467, 468, 323, 504, 506 Indian Penal Code, whereby the interim bail granted to the revisionists was cancelled, bail bonds were forfeited and non-bailable warrant and recovery warrant were issued against them and their sureties.

As far as cancellation of interim bail and issuance of non-bailable warrant against the revisionists is concerned, this part of the impugned order is fully justified. The revisionists were granted interim bail in pursuance of order passed by this Court and they failed to appear in Court before the Magistrate on the date fixed for regular bail, therefore, this part of the order passed by the Magistrate does not require any interference by this Court.

As regards issuance of recovery warrant is concerned, once the surety bonds and personal bonds are forfeited, it is incumbent on the part of the Magistrate to issue notices u/s 446 Code of Criminal Procedure. to show-cause why the amount of bail bonds be not realized from the sureties and the accused and only thereafter, penalty may be imposed. Before the penalty is imposed u/s 446 Code of Criminal Procedure., no recovery warrant can be issued against the sureties or the accused for recovery of amount of surety bond or personal bond. Therefore, this part of the impugned order is liable to be set-aside.

Revision is partly allowed.

The impugned order dated 23.6.2011 is modified to the extent that the direction for issuing recovery warrants is set-aside. Learned Magistrate is at liberty to issue notices u/s 446 Code of Criminal Procedure. and, therefore, he is also free to take appropriate action in accordance with law.