ASARAM SITARAM PADOLE Vs. YADAORAO RAGHOBAJI HATWAR

JUDGEMENT

(1.) BY this criminal revision application, the applicant has challenged the order dated 6.2.1990 passed by the Judicial Magistrate, First Class, Bhandara, releasing the accused on bail on his executing P.R. Bond with one surety in the like amount.

(2.) MR . Padole, the applicant, submitted that because of the death his daughter, an offence is registered against the non -applicant No. 1 Yadavrao, under Sections 304 -B, 498A and 306 of the Indian Penal Code. According to him the Judicial Magistrate, First Class, Bhandara has no jurisdiction to release the accused on bail, the non -applicant No. I being involved in a case exclusively triable by the Sessions Court. Therefore, according to him, the Judicial Magistrate, First Class. Bhandara, has exceeded his powers and therefore, the order be set aside and the non -applicant No. 1 be directed either to produce himself or he be taken in the custody.

(3.) AFTER completing the investigation, the charge -sheet came to be filed before the Judicial Magistrate, First Class, Bhandara on 6.2.1990. Therefore, the non -applicant No. I submitted an application before the learned Judicial Magistrate, First Class, Bhandara, to release him on bail on executing the fresh P.R. Bond and the surety in the like amount. Therefore, the learned Judicial Magistrate, First Class, Bhandara, passed the impugned order.