RANJIT SINGH Vs. STATE

JUDGEMENT

(1.) RANIJT Singh has filed this revision application against the judgment and order dated 28-10-1976 passed by the IInd Addl. Sessions Judge, Nainital.

(2.) BRIEFLY stated, the facts are that on 9-8-1974 the Supreme Court of India in Criminal Misc. Petn. No. 1074 of 1974 Criminal Appeal No. 32 of 1972 released Boota Singh son of Kakka Singh on parole for a period of three months. The order read as follows: Boota Singh son of Kakka Singh be released on parole for a period of three months on the ground of ill health on his furnishing to the satisfaction of the District Magistrate, Nainital and this Court doth further order that this order be punctually observed and earned into execution by all concerned.

(3.) AS Boota Singh was confined in Haldwani Jail the order was received by the District Magistrate, Nainital on 12-8-1974. On 17-8-1974 the counsel for Boota Singh moved an application before the Sessions Judge, Nainital for directing the Chief Judicial Magistrate Nainital, to release the accused on bail. On the same day the learned Sessions Judge directed that the bonds be furnished to the satisfaction of the Chief Judicial Magistrate, Nainital, as the District Magistrate had no power under the new Code. On 19-8-1974 the Chief Judicial Magistrate appears to have passed the following order: Let Boota Singh furnish two local and reliable sureties for Rs. 5,000/- each and a personal bond for the like sum for release on parole for three months as ordered.