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1981 Supreme(SC) 420

A.N.SEN, P.N.BHAGWATI
Free Legal Aid Committee, Jamshedpur – Appellant
Versus
State Of Bihar – Respondent


ORDER :— It is not possible to take up this writ petition for hearing before the Dussehra holidays due to lack of time. We are, therefore, constrained to adjourn it to 12th October, 1981. In the meanwhile, Mr. Sibal on behalf of the petitioner has applied for certain interim directions and we propose to deal with his application in this order.

2. The first interim direction sought by Mr. Sibal is that when an accused is released on bail, he should not be required to appear in court until the charge-sheet is filed and process issued by the Court. Mr. Sibal states that today what happens in many of the Magistrates Courts in Bihar is that the accused is required to appear before the Court every fourteen days even though he is on bail and this causes considerable harassment to the accused. He submits and in our opinion rightly that this is not required by law and Mr. K. G. Bhagat, learned advocate appearing on behalf of the State of Bihar, fairly concedes that law does not require that an accused on bail need appear before the Court before the charge-sheet is filed and process issued by the Court. We, therefore, direct that whenever an accused is released on bail he need not be required





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