SHAFI Vs. STATE

JUDGEMENT

(1.) As the points for determination in both these cases are identical, they are hereby disposed of by a common judgment.

(2.) The petitioners in Cr.M.(M) No. 131/74 are Mohd. Shafi and Mohd. Rarnzan. Mohd. Shafi was arrested on 16-4-1974 and Ramzan was arrested on I S-4-1974 in pursuance of F.I.R. No. 365 dated 16-4-1974 of Police Station Sadar Bazar under sections 302/34 IPC. The petitioners in Cr.M.(M) No. 141/74, namely, Sabir Ali, Raunaq Ali and Zubed Ali, were arrested on 13-5-1974 in pursuance of F.I.R. No. 422/74 of the same Police Station under sections 147, 148, 149, 186, 336, 353, 436, 307 and 302 IPC. When no challan was filed against them within 60 days after the date of their arrest, they applied for bail invoking the provisions of section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). The learned Magistrate, however, refused to grant bail to the petitioners on the ground that there appeared to be reasonable grounds for believing that they were guilty of an offence punishable with death or imprisonment for life. The petitioners thereupon moved the Court of Session for bail, but the learned Sessions Judge dismissed the applications holding that the provision of section 167(2) of the Code have to be read along with the provisions of section 437(1) of the Code and that when so R read, the Magistrate could not release the petitioners on bail if he was satisfied that there were grounds for believing that the petitioners were guilty of an offence punishable with death or imprisonment for life. The petitioners have, therefore, filed the present applications in this Court for the grant of bail.

(3.) The relevant portion of section 167(2) of the Code under which the petitioners' claim that they are entitled to be released on bail, reads:-