RAFUQUDDIN Vs. BASHIR AHMAD

JUDGEMENT

(1.) These two petitions are directed against the same judgment passed by Sri K.M. Chaturvedi, VI Additional Sessions Judge, Agra, dated 20-7-1984, in Criminal Misc. Bail Cancellation Application No. 1800 of 1983. The learned Additional Sessions Judge allowed the application moved by Bashir Ahmad and cancelled the bail granted earlier by the Magistrate, to Rafiuddin, Salahuddin and Samiuddin. It is contended that this order was beyond the jurisdiction of the learned Additional Sessions Judge, who had no power to dispose of an application of this type in view of Section 10 of the Criminal Procedure Code, and who also could not cancel the bail once granted by the Magistrate without coming to the conclusion that the accused had abused the bailor were not justified to continue on bail that was granted.

(2.) Since both the cases raise the same point for determination, they have, on the request of the counsel on both the sides, been taken up together and are being disposed of by this order.

(3.) The first point is about the capacity of an Additional Sessions Judge to dispose of an application for bailor for cancellation of the bail.