NARDEO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. In deciding the petition under Section 482, Cr. P. C. this Court should not assess the value of evidence which may be addusced in the case. Petitioners should appear before the Magistrate concerned in the early part of the day, say at 10. 30 or 11 a. m. in connection with Crime No. 2 of 1989 under Section 308/323, I. P. C. , P. S. Jaspur, Distt. Nainital pending In the Court of Addll. Chief Judicial Magistrate, Kashipur, district Nainital. They shoud apply for bail on their appearance. Maximum punishment prescribed for offence under Section 308, I. P. C. is only seven years and not imprisonment for life or death sentence. Hence jurisdiction of the Magistrate to grant bail in cases falling under Section 308, I. P. C. is not ousted by clause (i) of Section 437 (1), Cr. P. C. Magistrate shall dispose of their bail application in accordance with this observation. Petition is disposed of accordingly.

(2.) A copy of this order be issued to the counsel of the petitioners on payment of usual charges within 48 hours. Petition disposed of. .