While issuing caution to remain vigilant while dealing with the bail orders, the Madhya Pradesh High Court directed the Trial Court to ascertain the value of bail bond of the Applicant who was granted bail by the High Court, without mentioning the bail amount.
The single-judge bench of Justice Vishal Mishra was adjudicating upon a petition filed under Section 482 Cr.P.C. assailing the Trial Court order where by it refused to ascertain the amount of bail bond in ignornace of SC judgement in Vijay Madanlal Choudhary & ors. Vs. Union of India & ors.
It was argued that order was passed in the light of Arnesh Kumar Vs. State of Bihar & ANR., 2014 Latest Caselaw 427 SC judegement. Excerpt from the order was thus cited:
"In view of the principles laid down by the Supreme Court in the case of Arnesh Kumar (supra), the appellants should first be summoned to cooperate in the investigation. If the appellants cooperate and the punishment is of seven years for the aforesaid of ence and without commenting upon the merits of the case and in the investigation then the occasion of their arrest should not arise. In view of above and considering the principles laid down by the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined to allow the application."
It was contended that the Trial Court refused to furnish the bail bond as no amount of bail bond has been fixed by this Court, therefore, trial Court has rejected the application placing reliance on Vijay Madanlal Choudhary & ors. Vs. Union of India & ors.
"The Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, should have realized that once an order is passed by the Supreme Court directing release of the petitioner on bail and there is no mention about the bail amount, it is incumbent on the trial Court to fix the amount for the bail bonds. The order dated 21st May, 2018, of the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, refusing to release the petitioner on bail on the ground that bail amount has not been mentioned in our order, is not justified. The Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, is well advised to proceed to release the petitioner on bail to his satisfaction by fixing the amount for the bail bonds. The application is disposed of accordingly."
The Court accepted the contention and issued the directions.
Read Order Here:
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