2007 (2) AIR Jhar R 270

Jharkhand High Court

Hon'ble Judge(s): Chandramauli Kumar Prasad , J

( A ) Criminal P. C. (2 of 1974) S. 167 (2), 437, 439 — Bail — Consideration — It is substance of accusation and belief of Magistrate and not the nomenclature under which case is registered — Every person released on bail under S. 167(2) shall be deemed to be so released under provisions of Chapter XXXIII of Code — But, that does not ipso facto mean that bail order assumes content and character of bail order of the kind conceived under Ss. 437 and 439 — Bail granted for default cannot be put on a higher pedestal than bail granted otherwise. (Paras151619)

( B ) Criminal P. C. (2 of 1974) S. 167 (2)(A), 437(5), 439(2) — Bail — Cancellation — When bail granted otherwise than under S. 167(2)(a) can be cancelled, if investigation discloses commission of graver offence, there is no justification to hold that an accused released on bail on default, his bail cannot be cancelled on submission of charge-sheet in case it discloses commission of graver offence — However, mere submission of charge-sheet for graver offence only shall by itself be not the ground for cancelling bail — Before cancelling bail, Court will have to be further satisfied that case is of such a nature in which no Court would have accepted plea of bail. (Paras19)

( C ) Indian Penal Code (45 of 1860) S. 363 , 365 — Criminal P. C. (2 of 1974), S. 439(2) — Earlier, case under Ss. 363 and 365 registered — Subsequent investigation revealed peitioner’s dominant role in kidnapping of a child — Investigation disclosed graver offence of such nature that no Court would have granted bail to her — As such, Sessions Judge rightly did not allow her to continue on bail granted earlier for default. (Paras24)