JAIN, J.—The appellant Kajod was convicted of the offences under Sec. 302,201 and 404, I.P.C, by the learned Additional Sessions Judge, Tonk, by his judgment dated 15.4.1974. He was sentenced to imprisonment for life and a fine of Rs. 1,000/-and in default to undergo rigorous imprisonment for six months on the count (under Sec. 302, I.P.C.) and under Sec. 201, I.P.C., he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 50/-, in default to undergo further rigorous imprisonment for one month and for the offence under Sec. 404, I.P.C, he was ordered to undergo rigorous imprisonment for one year and to pay a line of Rs. 500/, and in default to undergo further rigorous imprissoonment for four months. The substantive sentences were ordered to run concurrently. 2. The prosecution case, in brief, is that accused Kajod was a resident of village Nivai. The father of the accused Chanda (P.W.4) had a sister Smt. Kesar (P.W. 24). Kesar used to live at village Jhilai, which is at a distance of about six miles from Nivai. She was married to Ghasi (P.W.27). Ghasi had two sons, Ganesh (P.W.1) & Ram Narayan Ram Narain died some ten years back leaving behind his son Ramphool, deceased, aged about 14 years. He was living with his grand parents at Jhilai. On the evening of 18-6-1978 the accused Kajod visited the house of his fathers sister at Jhilai and stayed there that night. The accused and the deceased Ramphool slept on that night on the same cot. In the morning Ramphool left the house and proceeded to graze his goats and sheep in the jungle. The accused Kajod after taking his breakfast also accompanied him. At the time of departure, the deceased Ramphool was wearing Angarkhi, Dhoti and shoes and he also carried a Dolchi,. The accused left the house wearing Bakhtari, Dhoti and turban and was having a bag. 3. The deceased and the accused left the house in the presence of Smt. Kesar (P.W.24). She also accompanied them upto the village temple. In the evening the deceased Ramphool did not return with his herd of sheep and goats. A search was made, but no trace was found of Ramphool, as well as of the herd. 3. The deceased and the accused left the house in the presence of Smt. Kesar (P.W.24). She also accompanied them upto the village temple. In the evening the deceased Ramphool did not return with his herd of sheep and goats. A search was made, but no trace was found of Ramphool, as well as of the herd. On inquiry being made by Ganesh, Moolchand Khati and Moolji Jat disclosed that Ramphool and Kajod were seen going towards Bhagwanpura-Nivai along with the herd Thereupon the search party went to the village Nivai and at Nivai they came to know from Noora Dalai that one man had gone to Jaipur on that night loading the herd of sheep and goats in a truck from Chain-pura Phatak. Thereupon, Ganesh, Mangi Lal, Narayan, Bhairu, Kesara Khatik and Noora Kasai proceeded to Jaipur and, at Jaipur in the musk melon Mandi, they came to know from the broker that the herd is in the Bara and the man, who brought the herd, is in the Verandah. There the search party found Kajod. An inquiry was made by them from Kajod as to where Ramphool and the herd are. He pointed out that the herd of sheep and goats are in the Bara, but gave no trace of Ramphool. They brought the herd and Kajod to Nivai and at Nivai he disclosed that Ramphool is in the Swamiwala well, but no trace was found in the well. They suspected that he (Kajod had killed Ramphool. Ganesh, thereupon, proceeded to the Police Station, Nivai and lodged the report Ex.P/2, on which a case under Sections 302 and 379, I.P.C., was registered. Bachan Singh S.H.O., arrested the accused. At the time of arrest of the accused, he seized one bag from the possession of the accused, which contained one Dhoti, two turbans, one Chaddi, one Dolchi and suspected blood stains on the bag as well as on the Dhoti. The suspected blood stains were encircled on both the articles. These articles were seized vide memo Ex.P/4, Ex P/5 and Ex.P/6. One Dhoti and Angarkhi were also seized from the person of the accused, which were also blood stained, vide memo Ex.P/8. The nails of both the hands of the accused were also found stained with blood, so the nails were cut and were seized vide memo Ex.P/7 and were packed and sealed. One Dhoti and Angarkhi were also seized from the person of the accused, which were also blood stained, vide memo Ex.P/8. The nails of both the hands of the accused were also found stained with blood, so the nails were cut and were seized vide memo Ex.P/7 and were packed and sealed. On the information Ex.P/9, the dead body of Ramphool was recovered and a Panehanama Ex.P/15 was prepared. Then he prepared the site plan of the well (Ex.P/11). On .21-6-1973 on the information (Ex.P/28) a parir of shoes and Bakhtari belonging to the deceased were recovered from the small Swamiwala well and its recovery memo Ex.P/16 was Prepared. On 24-6-73 Ram Karan Gujar produced octroi receipt of octroi-post, Sanganer Jaipur, vide memo Ex.P/26. On the same day 40 goats and sheep were recovered from Raranarayan and the same were handed over to him on Supar-dagi Nama. On 25-6-1973 the accused gave information (Ex.P/31) in respect of an axe and got the same recovered vide recovery memo Ex.P/18. On 27-6-1973 the accused further gave information in respect of one sheep and one she goat that he had sold them to Gwaria residing at Chainpura Phatak and one lamb was given in wages for loading the sheep and goats in the truck. After recording of the information, subsequent investigation was conducted by Ramswarup, who made recoveries in pursuance of the information Ex.P/32 and he took over investigation again on 1-7-1973. The pair of shoes and Bakhtari and lamb were put up for identification before the Tehsildar. Nivai, and the sealed packets were sent for chemical examination. On chemical examination blood was detected on Dhoti and Bakhtari, which the accused was wearing. The blood was further detected on the clippings of nails and also on the axe. No blood was found on the Dhoti of the deceased and the bag of the accused. On serological examination, human blood was detected on the Dhoti and Bakhtari and also on the nails cuttings of the accused. But human Wood could not be found on the scra-ppings from iron socket of axe, as the blood had disintegrated. Blood grouping on Dhoti, Bakhtari and nail cuttings could not be made, as the result of the test on the first two articles was inconclusive and the blood was insufficient for test in respect of nail cuttings. The investigation was conducted from the witnesses. Blood grouping on Dhoti, Bakhtari and nail cuttings could not be made, as the result of the test on the first two articles was inconclusive and the blood was insufficient for test in respect of nail cuttings. The investigation was conducted from the witnesses. On the recovery of the dead body, on 20-6-1973 Dr. Subhash Chandra Jain (P.W.31) conducted the post-mortem examination. He found the following injuries on his person:— (1) Incised wound 2"xl/2" bone cut with double marks of injury on the occipital bone the medical table of this bone has been cut. (2) Abrasion 3-1/2 " x1/2" on left side of chest 4-1/2 " lateral to left nipple. (3) Abrasion 3-1/2 " x 1" in size, 2-1/2 below injury No. 2. (4) Abrasion 1/3" x 1/3" — 1-1/2 " lateral to manubrium sterni on right side of chest. (5) Abrasion 3" x 1/2" just below left scapula on back. According to him, death was caused due to shock and concussion in brain due to injury No.l. 4. After completion of investigation, charge sheet was presented against the accused in the Court of Munsif-Magistrate, First Class Tonk, who committed the accused for trial to the Court of the Additional Sessions Judge, Tonk. Charges under Sections 302. 201 and 404 I.P.C.. were framed against the accused. The accused pleaded not guilty to the charges and claimed to be tried. The prosecution in support of its case, in all, examined 42 witnesses. The statements of the accused was recorded, in which he denied the prosecution case He stated that there is old enmity with Ganesh and the witnesses are of his acquaintance and the acquaintance of the S.H.O. He stated that blood stained Dhoti and Bakhtari do not belong to him and there was no blood on his nails. However, he stated that the nails clippings were taken by the S H.O., but they were not sealed in his presence. He also denied the recovery of axe. As regards the prosecution case that he was found at Jaipur along with the herd of sheep and goats, he stated that he was waiting for the truck at Mandi at Jaipur in order to go to Nivai. Ganesh and MangiLal caught hold of him and forcibly put him into a Tempo and brought him to Nivai. There was not herd of sheep, nor he was sleeping at the shop at Jaipur. Ganesh and MangiLal caught hold of him and forcibly put him into a Tempo and brought him to Nivai. There was not herd of sheep, nor he was sleeping at the shop at Jaipur. He also stated that he did not carry any herd in the truck to Jaipur, nor got any octroi receipt issued at the Octroi Post, Sanganer, nor he disclosed his name to any one. No evidence was led in defence. The learned Additional Sessions Judge, after the hearing the arguments, founds that the following propositions are established from the prosecution evidence:— (i) The accused went to the house of Smt. Kesar on the evening of 18.6.1973. (ii) He stayed at the house of Smt. Kesar for the night and slept with deceased Ramphool on the same cot. (iii) Next morning i.e. on 19.6.73, Ramphool left for jungle to graze his flock of sheep and goats. He was wearing a Dhoti, Angarkhi, a pair of shoes. He also carried a Dolchi of water with him. The accused was also seen going with him. (iv) Ramphool died on 19.6.73 due to injury No.1 which could have been homicidal or accidental. (v) The accused did not inform the relation of the deceased about his death, even though he was closely related to him, but instead when away to Jaipur with the flock of sheep and goats belonging to the deceased. He sold one got to Naru and give one lamb to him, (vi) He was apprehanded by Ganesh and others at Jaipur and told Ganesh that deceased had fallen in the well. (vii) The wearing apparel and the nail clippings of the accused were seized at the time of the arrest and were found stained with blood of human origin. (viii)A Dolchi of the deceased, and also his Dhoti were found in the bag of the accused. (ix) Bakhtari, of the deceased as also his pair of shoes were recovered from a well at the instance of the accused and it appears that he must have thrown them in the well. (x) The dead body of Ramphool was recovered from a well having one head injury and some abrasions. 5. The learned Additional Sessions Judge first expressed doubt as to whe-ther the death is homicidal or accidental. (x) The dead body of Ramphool was recovered from a well having one head injury and some abrasions. 5. The learned Additional Sessions Judge first expressed doubt as to whe-ther the death is homicidal or accidental. But considering the circumstances that the clothes of the accused and his nails of both the hands were found stained with human blood and that his conduct points out his guilty conscious, he drew the necessary inference that the accused must have murdered Ramphool. He also caused disappearance of the evidence of his guilt with a view to screen himself from punishment and that he committed criminal misappropriation of the flock of sleep and goats belonging to Ramphool, In view of these findings, the learned Additional Sessions Judge, convicted and sentenced the appellant, as aforesaid. Dis-satisfied with his convictions and sentences, the present appeal has been filed. 6. We have heard Shri Doongar Singh, learned counsel for the accused-appellant and Shri R.C. Maheshwari, learned Public Prosecutor for the State, 7. The crucial question in the present case is as to whether the evidence on record is sufficient to connect the accused with the commission of the offence of murder ? In order to connect the accused with the commission of the offence of murder of Ramphool, the prosecution relies on circumstantial evidence only. There is no direct evidence on record. It is to be seen, what circumstances are proved against the accused and whether those circumstances lead to only one and one conclusion that it was the accused, who committed the murder of Ramphool. It is also to be seen that the death of Ramphool was homicidal in nature or it was accidental. The prosecution in this connection has placed reliance on the following circumstances: — (1) that the deceased was last seen in the company of the accused in the morning of 19.6.1963; (2) that the accused was found in possession of the flock of sheep and goats, which he carried from Nivai to Jaipur. He was found at Jaipur and was brought to Nivai. He was found at Jaipur and was brought to Nivai. Out of the flock he had disposed of one she goat and one sheep and lamb; (3) that the nails and the Dhoti and Bakhtari of the accused were found stained with human blood; and (4) the accused gave no information in respect of the death of Ram-phool to his relations instead of giving information he went away to Jaipur. 8. The learned Sessions Judge, however, also relied that the Bakhtari of the deceased and the pair of shoes of the deceased were recovered from a near-by small well at the instance of the accused and the other belongings of the accused were also found in possession of the accused, namely, one turban, Dolchi and a Dhoti. The dead body of Ramphool was also recovered from the well having one head injury and some abrasions. But the learned Additional Sessions Judge did not place reliance on the recovery of axe on the information and at the instance of the accused and the recovery of dead body was not found at the instance of the accused. 9. Out of the connecting circumstances, stated above, the most material circumstances are the circumstances that the nails of both the hands of the accused were found stained with human blood and that the clothes on person, namely, Dhoti (Art. 13), Bakhtari (Art. 12) were also found stained with human blood, in respect of which the accused instead of giving any explanation, has denied that there was any blood on his nails and that there was any blood on his Dhoti and Bakhtari. He even went to the extent of stating that both these clothes did not belong to him. With regard to this incriminating piece of evidence Mr. Doongar Singh, learned counsel for the appellant, submitted that the above evidence relating to nails and clothes of the accused, having been found stained with human blood, cannot be pressed into service in view of the fact that there is no complete evidence on record to the effect that the seals on the packets of these articles, remained intact and untempered till they reached the hands of the chemical examiner. He referred the statement of Bachan Singh (P W.40) and submitted that his statement is incomplete He has not even stated that on what dates what sealed packets were deposited by him in the Malkhana of the Thana & at the time of deposit, what was the condition of the sealed packets? He has contended himself by simply stating that the sealed packets were sent to the Chemical Examiner, Jaipur, through Sahjad Singh Thus, his evidence does not establish that the packets of the incriminating articles remained intact and their seals remained untempered. The prosecution has not examined the Incharge Malkhana, where the packets remained upto 26 7.1973. According to Sahjad Singh (PW 26), Head Mohrir Ramswarup delivered him the sealed packets, but the Head Mohrir Ram Swarup has not been examined. According to Sahjad Singh, the sealed packets were taken by him on 26.7.1973 and that in the very condition they were delivered by him to the Chemical Examiner, Jaipur. The prosecution, thus has not lead the link evidence, so Mr. Doongar Singh urged that in the absence of proper statement of Bachan Singh and in the absence of complete link evidence, the circumstances of nails clippings, being stained with human blood and the Dhoti and Bakhtari of the accused, being stained with human blood, cannot be employed against the accused. 10. We find considerable force in the above submissions of Mr. Doongar Singh. We need not reiterate the law on the subject, as it has been repeatedly pointed out by this Court that the prosecution is duty bound to produce complete evidence on the point that the sealed packets of the incriminating articles were never tempered with and, the seals remained intact all througout the period of custody, till they reach;d the Forensic Science Laboratory, in the hands of the Chemical Examiner. The evidence in the case, on this point, is far from satisfactory. It was the duty of the prosecution to have examined the Incharge of the Malkhana of the Police Station, Navai, and it was also the duty of the prosecution to have but all relevant questions to Bachan Singh in order to prove as to when the sealed packets were deposited and in what condition in the Malkhana. It was the duty of the prosecution to have examined the Incharge of the Malkhana of the Police Station, Navai, and it was also the duty of the prosecution to have but all relevant questions to Bachan Singh in order to prove as to when the sealed packets were deposited and in what condition in the Malkhana. At the fag end of the arguments, an attempt was made on behalf of the prosecution to lead Additional Evidence and an application was moved in this behalf, but the same has already been rejected by us, reasons whereof were recorded in a separate order. Thus, the above incriminating circumstances, can-not be considered against the accused. 11. It is no doubt proved from the statement of Mst. Keshar (P.W.24) that the deceased and the accused left the house in the morning of 19.6.73 and she had followed them up to the temple. There is also ample credible evidence on record consisting of the statements of Ganesh (P.W.I), BheruLal (P.W.2), Mangi Lal (P.W. 13), Kesra (P.W. 3), who are the witnesses, who visited Jaipur and on inquiry in the Mandi from some person it was found that an hour or two before one flock of sheep and goats had come and also pointed out the place. Then they went in the company of that person and found the accused sleeping at the shop. He was awakened and was asked about the flock. He admitted that he brought the flock of sheep and goats. Then he pointed out the Bara where they found a flock of sheep and goats. From the statements of Naru (P.W. 16) and Kanhaiya (P.W.17), it is established that the accused was seen by them at Chainpura Phatak. Narus brother asked him as to whether he is prepared to sell the she goat, to which the accused agrred and the accused gave out his name as Kajod, resident of Nivai, and the accused also stated that he is going to Jaipur. Naru purchased one she goat for Rs. 20/-. He and his brother then loaded about 40 sheep and goats and the accused gave one lamb to him by way of wages. The prosecution has also examined Vishwa Vijai (P.W. 14) and Mohan Lal Sharma (P.W.33). Naru purchased one she goat for Rs. 20/-. He and his brother then loaded about 40 sheep and goats and the accused gave one lamb to him by way of wages. The prosecution has also examined Vishwa Vijai (P.W. 14) and Mohan Lal Sharma (P.W.33). Vishwa Vijai (P.W. H) is the Nakedar of Municipal Octroi Post.Sanganer, who stated that on the night of 19-6-1973 he was on duty at Sanganer Octroi Post. Mohan Lal had deposited money of the receipt Ex.P/21. It was in the name of Kajod, who was aged about 20-21 years. Mohanlal Sharma (P.W.33) proved the receipt Ex. P 21 to be in his hand, and. it is signed by him at A to B. He further stated that the accused Kajod present in the Court, had brought 40 herds of sheep and goats in truck No. RSM 207 and he issued receipt Ex. P/21 in the name of Kajod. Gulab (P.W.2!) has also proved that the accused brought 12 heads of goats and 30 herds of sheep in a truck at Jaipur. He asked him to give them to him. He unloaded them, as Kajod had no money with him, so he asked to Gulab to make payment of Rs. 52.30 p. to the truck-wala. Thereupon he made payment of that amount to the truck-wala and he kept the flock in his Bara and the accused stayed at his shop and when 10-11 persons came in a Tempo at about 12.00 in the night, he informed them about the said fact. Thereupon, those persons took away the flock and made payment of the money to him. Kamruddin (P.W.22) is the employer of Gulab (P.W.21). He has also corroborated the statement of Gulab. Ram Narayan (P.W.18) is the resident of Mundia and serving in the Public Works Department. He has deposed that in the morning at about 7.00. a.m., he was coming on duty from Mundia to Nivai, Ganesh and Hazari were coming from Jaipur in a Tempo with a flock of 40 sheep and goats. They told that one or two have been killed and there is possibility of further casuality so they asked him to keep the flock with him at Mundia. Thereupon the witness Ram Narayan kept the flock with him. After 2-4 days, when the S.H.O. came, the S.H.O. gave the flock to him on Supardginama. 12. They told that one or two have been killed and there is possibility of further casuality so they asked him to keep the flock with him at Mundia. Thereupon the witness Ram Narayan kept the flock with him. After 2-4 days, when the S.H.O. came, the S.H.O. gave the flock to him on Supardginama. 12. From the above evidence it is amply proved that the accused carried the flock of sheep and goats to Jaipur after selling one she goat and after delivering one lamb to Naru and Kanhaiya and at Jaipur, he got issued a receipt Ex. P/21 at the Octroi Post and had dealings with Gulab, as stated by him and he was brought back along with the flock and on the way at Mundia, the flock was delivered to Ram Narayan. When he was brought to Nivia, he was produced at the Police Station, Nivai. 13. It is also proved that the accused gave no information in respect of Ramphool as well as of the flock of sheep and goats of Ramphools family members. 14. Before considering whether the aforesaid proved circumstances are sufficient to connect the accused for commission of offence of murder,we may first deal with the other evidence on record relating to site inspection and the medical evidence. Bachan Singh prepared the site inspection memo and the site plan and he suspected blood at point No. 2, which is a Pawandi (a small pond) But on chemical examination the earth collected from the place, was not found stained with blood. The investigating officer also found some blood stains on the 6th and 7th steps of the well, but their scrappings were not seized. Thus, at the spot nothing incriminating can be said to be found. On the person of the deceased one incised wound has been found on the occipital bone, three abrasions were found on the front side and one abrasion was found on the left scapula. A question has been put to the Medical Officer Dr. Subhash Chandra Jain in re-examination. He has stated that if a man falls in a well, then injury like injuries No. 1 to 5 can be sustained when he falls rolling on the steps in the well. A question has been put to the Medical Officer Dr. Subhash Chandra Jain in re-examination. He has stated that if a man falls in a well, then injury like injuries No. 1 to 5 can be sustained when he falls rolling on the steps in the well. In his early part of the cross examination also he stated that when one falls in the well, if the person falling comes into contact with any projecting stone or step, then injury No. 1 can be sustained. The Medical Officer appears to be no vice having no experience of post-mortem examination. According to him, it was his first post-mortem case by homicidal injury. He has stated that injury No. 1 can be sustained by a projecting stone or a step, then such a projecting stone or step should be a incisive one. By only such a incisive stone or step an incised wound can be caused. The correctness as to the nature of injury No. 1, is open to doubt, if seen in the light of the Panchayatnama The Medical Officer has also stated that the incised wound was having double marks of injury on the occipital bone. He has no where explained, what he means by such a description of the injury. The investigating officer has given the shape of the wound in his inquest report Ex. P/15. The shape, according to him, was first in straight line followed by a circular shape. The prosecution case is that the injury was received by an axe, although the evidence relating to information and recovery of axe, has not been believed by the learned Additional Sessions Judge and rightly so. But the description and shape of the wound given by the investigating officer in the inquest report further makes the prosecution case highly doubtful that the occipital bone injury was an injury from any sharp weapon. If an axe would have been used, then some what circular shape wound would not have appeared on the head and this possibility cannot be ruled out that when any hard object comes in contact with the occipital bone, it may give an appearance of an incised wound. It is also to be seen that the dead body was recovered from the well with tied Angochha. It is also to be seen that the dead body was recovered from the well with tied Angochha. The first version, which was given by the accused, was also to the effect that the deceased was giving bath to sheep at the well. In such a situation, this possibility cannot also be ruled out that the deceased might have fallen in the well and sustained the head injury as a result of which he might have died. 15. The prosecution case regarding use of axe as the weapon of offence, is also highly doubtful. It is not the prosecution case that the accused was having any axe with him, when he stayed at the house of Ganesh or carried any axe with him when he left his house. Therefrom he brought the axe, there is no evidence on record. The prosecution has led evidence relating to recovery of axe. That too was not believed by the learned trial Judge. The axe is said to have been recovered from the house of one Ladhu, resident of Jugalpura This Ladhu has not been examined by the prosecution and Rodu Lal (P.W.9) one the Motbirs of the recovery, has not supported the prosecution. He has turned hostile and according to him, the axe was recovered from the hut of one old woman and it was taken out and handed over to the S.H.O. by the old woman. The other Motbir is Lajpat Ram (P.W.38). According to him the information was also given by the accused to the S.H.O. in his presence and then he also accompanied the S.H.O. for the recovery of the axe. This Lajpat Ram (P.W.38) is the resident of Nivai. It is also not understandable that a resident of Nivai would accompany the S.H.O. for the recovery of the axe. The evidence of Lajpat Ram was also that way appears to be incredible. He is not the Motbir of the locality. It is also pertinent to note that the information in respect of axe was given as late as on 25-6-1973. The accused was arrested on 20-6-1973. How five days were taken by the accused to divulge this information, makes the story of recovery of axe suspicious. So viewed from this point as well, it cannot be said that the prosecution has been able to establish that the accused caused any injury to the deceased with axe. The accused was arrested on 20-6-1973. How five days were taken by the accused to divulge this information, makes the story of recovery of axe suspicious. So viewed from this point as well, it cannot be said that the prosecution has been able to establish that the accused caused any injury to the deceased with axe. Thus considering the medical evidence, as discussed above, and considering the other circumstances and the circumstances of the recovery of axe, in our opinion, it is not proved beyond all reasonable doubt that the deceased died as a result of homicidal violence. Thus, so far as the offence under Sec. 302, I.P.C., is concerned, it is not proved against the accused. 16. Offence under Sec 201, I.P.C., as well, cannot be found to be established against the accused. We have already given the benefit of doubt in respect of the offence under Sec. 302, I.P.C. That being so, the question of finding him guilty of the offence under sec. 201, I.P.C, does not arise. 17. However, it is amply proved against the accused that the accused dealt with the property of the deceased and misappropriated it. He carried away the flock of sheep and goats to Jaipur, out of which he sold one she goat to Naru and also delivered one lamb to him by way of wages. The property was in possession of the deceased Ramphool prior to his death. There is overwhelming satisfactory and convincing evidence on record that the accused dishonestly misappropriated the property of the deceased, which was in his possession prior to his death and thus, offence under Sec. 404, I PC, is amply brought home to the accused and the accused has been rightly convicted for the same. 18. In the result, the appeal of the appellant Kajod is partly allowed. The convictions and sentence of the accused for the offences under Sections 302 and 201,I.P C, are set aside. However, his convictions and sentences for the offence under Sec. 404, I.P.C, are maintained. The accused has already remained, under custody for a period of more than five years. Thus, he has already suffered the sentence awarded to him. He is already on bail, so he need not surrender to his bail bonds. His bail bonds are discharged.