LAWS(ALL)-1999-12-96

SURESH CHANDRA Vs. SHOBHA RAM

Decided On December 10, 1999
SURESH CHANDRA Appellant
V/S
SHOBHA RAM Respondents

JUDGEMENT

(1.) J. C. Mishra, J. This is an applica tion for cancellation of bail granted to the accused opposite parties on the ground that Sessions Judge had no jurisdiction to grant bail and only the Special Judge (Dacoity Affected Area) had power to entertain and grant bail as the accused were involved in "scheduled offence" as defined in Dacoity Affected Areas Act.

(2.) THE learned counsel for the ac cused opposite parties contended that the Sessions Judge had jurisdiction to grant bail. THE only question that arises for con sideration is whether the Session Judge, Agra had jurisdiction to consider the bail application under Sections 364-A/302/201,1. P. C. in crime No. 275 of 1996 P. S. Kheragarh, District Agra.

(3.) THE learned counsel also con tended that this Court has got power to cancel bail granted even in cases of wrong exercise of jurisdiction and ignoring specific provisions of law in granting bail. Refer ence has been made to a decision of this Court in Virendra Singh v. State of U. P, 1984 ALJ 1111. Similar view has taken in Shyam Lalv. State of U. P, 1983 (20) ACC374.