BIRENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The abovenamed revisionists were granted bail in a case under Sections 147, 148 and 302/149 of the Indian Penal Code by Mr. V.K. Jam, Chief Judicial Magistrate of Fatehpur on 12-7-1984. An application for cancellation of bail was moved before the Sessions Judge of Fatehpur by the State and the learned Sessions Judge, vide, his order dated 31-7-1984 cancelled the bail granted by the Chief Judicial Magistrate and took the five applicants into custody after canceling their bail bonds and surety-deeds. Against this order of the learned Sessions Judge, the present revision has been filed.

(2.) To understand the matter better, facts of the case have to be shortly mentioned. One Sri Pannalal Gupta of Bindki town was allegedly murdered on 24-61.984 at about 10 in the night. The report was lodged in the Police Station at Bandki at 4.30 A.M. Eight persons were named as assailants. They include the present five revisionists, and one Sri Madan Singh, Station Officer, Bindki and one Sri Goreylal who is alleged to have fired the fatal shot with a gun. It was a case of spot death and the first informant Sri Kailash Nath Gupta a close relative of the deceased was allegedly accompanying him at the time of the occurrence. Besides the complainant, the other eyewitnesses are Om Dutt, Mandu and Aziz, and in their statements under section 161 Criminal Procedure Code, they have supported prosecution version completely naming all the eight accused persons including the five present revisionists. It is said that these persons encircled the deceased and while all of them challenged him and wanted that he should be done to death, Goreylal fired from his gun and killed Sri Pannalal Gupta. Then Sri Madan Singh is said to have said that the work was over and all should go.

(3.) It is undoubted that the case is one in which the offence is punishable with death or imprisonment for life. The learned Sessions Judge is of the view that under Section 437 Criminal Procedure Code, bail could not have been granted and the learned Chief Judicial Magistrate transgressed his jurisdiction and authority in granting the bail. Only on this ground, the bail granted to the five applicants has been canceled. This order has been passed by Mr. N. K. Maheshwari, District and Sessions Judge, Fatehpur.