RAKESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Misc. Application has been moved under Section 482, Criminal Procedure Code for staying the execution/operation of the order dated 11.8.81 passed by Munsif Magistrate, Mainpuri in Crime No. 122A of 1981, P.S. Kishni, Mainpuri under Sections 147/323,

(2.) It appears that in above mentioned crime case originally Rajesh Chandra, present applicant was granted bail for offences punishable under Section 147/323, Indian Penal Code. These were bailable offences and as such bail was granted by the Munsif Magistrate under Section 436, Cr. P.C.

(3.) It appears from the reading of paras 5 to 11 of this application that other four cc. accused, namely Abhay Ram, Bharat Singh, Chhote Singh and Rambir had moved applications for release on bail twice. Their first bait application was rejected on 27.7.81, annexure 1, on the ground that the offences prima facie appeared to be punishable under Sections 395/397 Indian Penal Code and the second bail application was rejected on 1.8.81, annexure 2, and in that order it was inter alia observed as follows: - I have also been informed that one co. accused Rakesh was granted bail in this case under Section 147/323, Indian Penal Code and as the case is under Section 396/397 Indian Penal Code, notice be issued to him for appearance and to show cause why his bail be not cancelled and for that fix 11.8.81.