Skip to content


Jayantilal Purshottamdas Vs. State of Gujarat - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtGujarat High Court
Decided On
Judge
Reported in1966CriLJ209
AppellantJayantilal Purshottamdas
RespondentState of Gujarat
Excerpt:
- - clearly says that bail is for the appearance of an accused person before the court, magistrate or the judge as the case may be......or inquiry as the case may be. the provisions of section 502, criminal p.c. make it clear that a bail bond must be for the appearance of the accused in the court. section 502, criminal p.c. reads as follows:(1) all or any sureties for the attendance and appearance of a person released on bail may at any time apply to a magistrate to discharge the bond, either wholly or so far as relates to the applicants.(2) on such application being made, the magistrate shall issue his warrant of arrest directing that the person so released be brought before him.(3) on the appearance of such person pursuant to the warrant, or on his voluntary surrender, the magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicant, and shall call upon such person to find.....
Judgment:

V.B. Raju, J.

1. A surety bond issued by a surety for the appearance of an accused person before the police was forfeited on the ground that the accused did not appear before the police at the time mentioned in the bond, and this is the subject-matter of the appeal.

2. A parson, who is arrested, may be released by the police or by a Magistrate on bail under Section 496, Criminal P. C, which reads as follows:

when any person other than a person accused of a nonbailable offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail....

Section 499, Criminal P.C. is also relevant and that section reads as follows:

(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise direct-ed by the police-officer or Court, as the case may be....

It is true that this section mentions that the bond should be for the attendance of the person at the time and place mentioned in the bond. The question is whether the phrase, 'at the time and place mentioned in the bond' refers only to the Court or refers to the police office. The word 'bail' means bail only for appearance in the Court. In the Webster's dictionary, it is mentioned that 'bail means a person or persons who procure the release of a prisoner from custody by becoming a surety for his appearance in Court.' In this particular case, the bond was taken requiring the accused person to appear before the police every day. Under the Criminal Procedure Code, a police officer cannot direct a person to appear before him every day. A person can be arrested by the police but he cannot be called by the police if he is an accused person. under Section 160, Criminal P. C., a police officer can require the attendance of witnesses, at he cannot require the attendance of an accused person. No provision has been pointed out under which the police can call upon an accused person before them. They can arrest an accused person and detain him for 24 hours as mentioned in Section 167, Criminal P. C.

Section 498, Criminal P.C. refers to a person arrested or detained without a warrant. The question of bail, therefore, arises for the period an accused person is arrested or detained by the officer in charge of the police station. In the course of trial or inquiry in the Court, there is no limit of 24 hours and, therefore, the question of bail arises and when bail is taken in such cases, a bond must be required from the accused person to appear before the Court in respect of the trial or inquiry as the case may be. The provisions of Section 502, Criminal P.C. make it clear that a bail bond must be for the appearance of the accused in the Court. Section 502, Criminal P.C. reads as follows:

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicant, and shall call upon such person to find other sufficient sureties, and if he fails to do so, may commit him to custody.

A surety can apply to the Magistrate for the discharge of the bond, and if the bond requires the accused person to appear before the police, there is no point in the Magistrate discharging the bond. Similarly, Sub-section (2) of Section 502, Criminal P.C. clearly says that bail is for the appearance of an accused person before the Court, Magistrate or the Judge as the case may be.

3. I, therefore, hold that the police have no power to require an accused person released on bail to ask him to appear before them. They can only require the accused person to appear before the Magistrate at the time and place mentioned in the bond. The appeal is therefore allowed and the order of the learned Magistrate forfeiting the bond is set aside.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //