TOTA RAM Vs. STATE

JUDGEMENT

(1.) TOTA Ram, Kripal Singh and Ram Swarup, accused applicants (in Jail), have preferred this application in revision against the order, dated 1st April, 1975, of Sri R. B. Lal, Sessions Judge, Bulandshahr, cancelling the bail granted to the applicants.

(2.) IT appears that the said applicants and one Tara Chand were accused in a case under Section 396, Indian Penal Code. The charge against the applicants was that one woman and her six year old son were done to death at about 4.30 O'clock in the evening of 18th December, 1974, and certain property belonging to them was looted. An application for bail was preferred by the applicants, and it was rejected by the learned Sessions Judge on 7th January, 1975. Thereafter, another application for bail made by Tota Ram and Kripal Singh was also rejected on 1st February, 1975. IT transpires that all the three applicants and Tara Chand ultimately obtained an order for bail being granted by the Munsif Magistrate on 18th February, 1975. This order for bail was passed by him purporting to be under Section 167, Code of Criminal Procedure, making an observation that more than 60 days had elapsed but no charge-sheet was submitted.

(3.) BEING aggrieved against the said order of the learned Sessions Judge cancelling the bail of the applicants, the present application in revision has been filed in this Court.