Hari Swarup, J.:— Learned counsel for the applicants and the learned Government Advocate have been heard they are agreed that the revision may be finally heard and disposed of today.
2. Revision has been filed against the order of the Chief Judicial Magistrate, Banda passed under Section 167(2)(a) of the Code of Criminal Procedure, 1973.
3. The learned Magistrate has directed the applicants to be released on bail but has attached the unwarranted condition which runs as under:—
“But this order shall be deemed to be vacated and cancelled as soon as a charge-sheet against him is received in the court.”
4. Section 167, Cr. P.C does not contemplate such a conditional order of bail. Proviso (a) to sub-section (2) of Section 167, Cr. P.C reads as under:—
“the Magistrate may authorise detention of the accused person. Otherwise than in custody of the police beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding sixty days, and sixty days, the accused person shall be released on bail if he is prepared to and does furnish bail, and every persons released on bail under this Section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter.”
5. The proviso (a) to sub-section (2) of Section 167, Cr. P.C, on the basis of which the learned Magistrate has granted bail does not contemplate the cancellation of bail on the furnishing of charge-sheet. The proviso makes it clear that a person released under Section 167(2), Cr. P.C shall be deemed to be released on bail under the provisions of Chapter XXXIII of the Code, Chapter XXXIII is the chapter which deals with the grant of bail. The bail granted under Section 167(2), Cr. P.C has thus the same incidents as the bail granted under Chapter XXXIII, and is accordingly to remain valid till it is cancelled and the cancellation of the bail can be only on the grounds known to law. The receipt of charge-sheet in court can be itself no ground for cancellation of the bail. The condition attached by the learned Magistrate to the bail cannot, accordingly, be deemed to be valid.
6. In the result, the revision is allowed, the condition imposed by the learned Magistrate to the effect that the order granting bail shall be deemed to be vacated and cancelled as soon as the charge-sheet against the applicants is received in the court, is quashed.