TRIBHUWAN AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) The present application is under Sec. 482 Criminal Procedure Code. Heard learned counsel for the petitioner as well as learned Government Advocate and both of them agree that the petition itself be decided finally. The petitioner's counsel pointed out that no doubt incident took place in between Bareilly and Rampur but the report was lodged at G.r.P. Lucknow in case crime no. 378 of 1993 under Sections 379, 328 and 411 Indian Penal Code. It has been mentioned that the case relates to G.R.P. Moradabad. The petitioner was also arrested and sent to jail in case crime no. 378 of 1993. He moved an application for bail before the Magistrate concerned but the same was rejected. He thereafter moved an application for bail before Sessions Judge, Lucknow and the Sessions Judge, Lucknow transferred the same to the III Additional Sessions Judge, Lucknow. The application was moved on 21.9.93 and was fixed for hearing. On 24.9.1993, the same has been decided by III Additional Sessions Judge on 27.9.93. The III Additional Sessions Judge vide order dated 27.9.1993 granted bail to the petitioner. In the meantime report filed in the case has been transferred to Moradabad for investigation and in Moradabad case crime no 225 of 1993 was registered. As the petitioner was in jail in Lucknow, hence, Warrant 'B' was sent from Moradabad to Lucknow jail for transferring of the petitioner to Moradabad. As Warrant 'B' has been received by jail authority, hence, the jail authority did not release the petitioner on the basis of bail order, passed by petitioner on the basis of bail order, passed by III Additional Sessions Judge, Lucknow. Now the petitioner moved this petition and prays that he may be released on the basis of order passed by the III Additional Sessions Judge on a condition that he will appear before the Court concerned at Moradabad. The contention of the petitioners' counsel is that he has already been released on bail by Lucknow courts. Hence, in the respect of the same offence, the jail authority can not detain him on the basis of Warrant 'B' issued from Moradabad court. As pointed out above the incident took place at Moradabad in the running train. Hence, report was lodged at G.R.P. Lucknow and G.R.P. Lucknow while registering a case also pointed out that the case relates to Moradabad G.R.P. and the case was transferred to Moradabad from Lucknow. The III additional Sessions Judge, Lucknow had no jurisdiction to entertain the bail application moved by the petitioner. However, it appears that the petitioner was arrested on the basis of case registered at G.R.P. Lucknow and the time was granted to D.G.C. (Crl.) for receiving instruction but D.G.C. (Crl.) failed to obtained instruction and in these circumstances, it appears that the III Additional Sessions Judge entertained this bail application or without looking into the fact that the matter relates to Moradabad and he has no jurisdiction to entertain the bail application. In any case the incident is one and III Additional Sessions Judge has already granted bail to the petitioner. In these circumstances, I direct that the applicant be released on bail on furnishing adequate sureties and personal bond with a direction to petitioner to appear before the court concerned within a period of three weeks at Moradabad and move an application there. If the petitioners fail to appear before the court at Moradabad within time then the C.J.M. Lucknow is authorised to take appropriate action for the arrest of the petitioner. With these directions, this petition is disposed of finally. Petition Allowed.