BOHRE SINGH Vs. STATE

JUDGEMENT

(1.) Two questions in this revision have been referred to us for decision.

(2.) It is necessary to give briefly the facts of the case. Pour persons were granted bail by the Additional District Magistrate before whom commitment proceedings for a charge under Section 302, I. P. C. were pending. Before the Additional District Magistrate, an application was made, when the accused were arrested, on behalf of these persons for the grant of bail but by an order dated 13-10-1955, the Additional District Magistrate refused them bail. Thereupon another application was made before him on the ground that the first order was passed ex parte. By a subsequent order dated 20-10-1955, the Additional District Magistrate again refused bail. An application was then made to the Sessions Judge for bail under Section 498 (1), Criminal P. C. which was rejected by him by his order dated 7-11-1955. Three other persons, who were also accused in the case, were granted bail by the Sessions Judge. Subsequently, the Additional Distiict Magistrate by his order dated 24-11-1955, granted bail to the four petitioners on the ground that the reasons for refusing them bail by the Sessions Judge did not exist. The Sessions Judge had refused them bail on the ground that they were desperate persons and were likely to tamper with the evidence. The Magistrate was of the opinion that as the evidence had already been recorded, there was no ground for refusing them bail. He, therefore, granted bail to them on 24-11-1S55. An application was made before the Sessions Judge for the cancellation of the bail granted by the Additional District Magistrate and the Sessions Judge cancelled the bail solely on, the ground that after the bail had been refused by a superior Court, it was not open to an inferior Court to grant bail to the accused even though an inquiry may be pending before it. As against this order, a revision was filed in this Court and the learned Single Judge, before whom the matter came up, has referred two questions of law :

(3.) As regards the second question, the words of Section 497(5), Criminal P. C. are very wide. Section 497(5) provides -