Rajballam Singh vs Emperor

This is one of many applications of a similar nature revealing a misunder-standing on the part of some District Magistrates with regard to the extent of their powers in carrying out an order of this Court directing prisoners or accused persons to be released on bail to the satisfaction of the District Magistrate.

In this particular case and in others the District Magistrate has demanded a cash deposit as a condition to the release of the accused. That is not what the law contemplates or authorises. Chapter 39 of the Code contemplates the execution of a bond with sureties and the form of the bond is prescribed in Schedule 5, Form No. 42, Criminal P.C.

This matter must go back to the District Magistrate for the order of this Court to be executed in accordance with the provisons of chap. 39 of the Code, and in addition, the attention of the District Magistrate is invited to the provisions of Section 499 of the Code which prescribes that the amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.