Court No. - 45
Case :- APPLICATION U/S 482 No. - 42172 of 2018 Applicant :- Smt. Sushila Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Suphal Shukla,Ganesh Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant, through the present application under Section 482, Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 19.9.2018 passed by the Chief Judicial Magistrate, Chitrakoot in Case Crime No.111/2012, under Sections 419, 420, 467, 468, 471, IPC, P.S. Karvi, District Chitrakoot.
Learned counsel for the applicant has submitted that the applicant was released on furnishing bond by the police during investigation and the order of the court below directing her to obtain bail is not justified in view of the judgment of this Court in the case of Smt. Radha Devi Vs. State of U.P. and others, 2002 (44) ACC 810, wherein it has been held that: "There is no provision in the Code of Criminal Procedure for asking an accused already released on bail by the police office to furnish fresh bail and bonds. The bail bonds submitted before the police officer are for purposes of appearing before the Court and when this undertaking has already been given, fresh undertaking for the same effect is not to be asked for. Bail and bonds should ordinarily be for appearance not only before the Court of Magistrate but also if the case is triable by the Court of Session before the Court of Session unless there are particular reasons for not doing so."
Accordingly, this application is disposed of directing the court below to accept fresh bonds from the applicant since she has already executed bond before the police during investigation. There is no requirement of obtaining fresh bail from the court.
The order dated 19.9.2018 passed by the Chief Judicial Magistrate, Chitrakoot in Case Crime No.111/2012, under Sections 419, 420, 467, 468, 471, IPC, P.S. Karvi, District Chitrakoot is quashed.
Order Date :- 27.11.2018 T. Sinha