Case Note & Summary
The applicant, Smt. Padmabai Dattatraya Bhojne, filed a Criminal Application under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad, seeking quashing and setting aside of an order dated 3rd January 2013 passed by the learned Judicial Magistrate, First Class, 3rd Court, Paithan, in RCC No.2/2013. The Magistrate had rejected the applicant's bail application on the ground that the charge sheet had been filed on 2.1.2013 and therefore the right of the accused to furnish bail stood forfeited. The said order was confirmed in Criminal Revision on 11.12.2013. The applicant, through her advocate Mr. R.V. Gore, argued that the Magistrate's reasoning was erroneous and contrary to law. The High Court, after hearing both sides, held that the right of an accused to furnish bail does not stand forfeited upon filing of a charge sheet. The court observed that the Magistrate's order was illegal and without jurisdiction. Consequently, the High Court allowed the application, set aside the impugned order, and directed the Magistrate to consider the bail application afresh on its own merits in accordance with law.
Headnote
A) Criminal Procedure - Bail - Right to Furnish Bail - Forfeiture - Filing of Charge Sheet - The right of an accused to furnish bail does not stand forfeited upon filing of charge sheet. The Magistrate's order rejecting bail on the ground that the right to furnish bail stood forfeited as soon as charge sheet was filed is illegal and without jurisdiction. The court held that the accused's right to be released on bail continues even after charge sheet is filed, and the Magistrate must consider the bail application on its merits under Section 437 CrPC. (Paras 1-3) B) Criminal Procedure - Bail - Rejection - Jurisdiction - Magistrate's Order - The order of the Judicial Magistrate, First Class, 3rd Court, Paithan, rejecting the bail application on the ground that the right to furnish bail stood forfeited upon filing of charge sheet, was set aside. The court directed the Magistrate to consider the bail application afresh on its own merits in accordance with law. (Paras 1-3)
Issue of Consideration
Whether the right of an accused to furnish bail stands forfeited as soon as a charge sheet is filed, and whether the Magistrate's order rejecting bail on that ground is sustainable in law.
Final Decision
The High Court allowed the application, set aside the impugned order dated 3rd January 2013 passed by the Judicial Magistrate, First Class, 3rd Court, Paithan, in RCC No.2/2013, and directed the Magistrate to consider the bail application afresh on its own merits in accordance with law.
Law Points
- Right to furnish bail does not stand forfeited upon filing of charge sheet
- Magistrate's order rejecting bail on that ground is illegal and without jurisdiction
- Section 437 CrPC
- Section 439 CrPC
