STATE OF GUJARAT Vs. BATO ALIAS KASAM JUSAB

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 11/09/1984 passed by the Sessions Judge Rajkot in Criminal Revision Application No. 391 of 1984 releasing the respondent on bail under sec. 167(2) of the Criminal Procedure Code on the ground that the Chief Judicial Magistrate has not passed any orders keeping the respondent accused in Jail custody. the State has filed this Revision Application.

(2.) Against the respondent-accused the A.I.R. was lodged for the offence punishable under sec. 307 read with secs. 147 148 and 114 of the Indian Penal Code before Pradyumannagar Police Station Rajkot city. The respondent was arrested and thereafter produced before the Chief Judicial Magistrate on 3/07/1984 The learned Magistrate issued warrant sending the accused to the judicial custody and he was ordered to be produced before the Court on 1 2/07/1984. On 1 2/07/1984 the matter was adjourned and the learned Magistrate ordered that the accused should be produced on 24/07/1984 On 24th July 1984 again t the matter was adjourned and the learned Magistrate directed the Jail authorities to produce him on 6/08/1984 Again the matter was adjourned to 16/08/1984 and the accused was directed to be produced on 29/08/1984 On 29th August 1984 the matatter was adjourned to the September 0.1984 and the warrant was issued to produce the accused on 21/09/1984

(3.) As per the affidavit filed by Shri O. R. Sharma Police Sub-Inspector Pradyumannagar Police Station Rajkot city who investigated the case against the respondent-accused on 13/09/1984 the charge-sheet was submitted against the accused for the offences punishable under sec. 307 read with secs. 147 148 149 of the I.P.C. It has been further pointed out that against the accused another case was registered for the offences punishable under secs. 302 147 148 149 324 326 read with sec. 34 of the I.P.C. and also under secs 37 and 135 of the Bombay Police Act and for the offence punishable under sec. 95(c) of the Indian. Arms Act. In that case the accused was released bail by the Court on 29th or 30/06/1984 Thereafter on the next day that is on July. 1984 it is alleged that the accused) committed the aforesaid offence by causing serious injuries on the victim. It has been further pointed out that the accused had filed Criminal Miscellaneous Application No. 250 of 1984 before the Sessions Court for bail which was rejected on 26/07/1984 Again he had moved the learned Chief Judicial Magistrate. Rajkot to release him on bail by an application dated 27/08/1984 which was also rejected on 1/09/1984