SHYAM LAL Vs. STATE OF UTTARPRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 5.5.1983 recorded by Sri R. B. L Khandelwal, Sessions Judge, Varanasi on an application by informant Babu Lal for cancellation of bail granted to revisionists by learned Munsif-Magistrate, II Varanasi relating to Crime No. 32 of 1983, Police Station Rohania, district Varanasi under sections 147, 148, 149, 307, 323, 324, 335 and 295, Indian Penal Code, on 14.2.1983.

(2.) Learned Sessions Judge observed that section 307 Indian Penal Code was punishable with imprisonment for life and so in view of proviso to section 437 of the Code of Criminal Procedure Magistrate had no jurisdiction to grant bail in this case to revisionists as neither any of them was under 16 years of age nor woman or sick or infirm person.

(3.) Parties were heard and the impugned order was recorded.