YASHWANT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith.

(2.) By consent, heard finally.

(3.) The petitioners are the accused in C.R.No.20 of 2014 registered at Vengurla Police Station. The case was initially registered in respect of offences punishable u/s.354 IPC, 323 IPC, 341 IPC, 504 IPC, 506 IPC r/w section 149 of the IPC and section 143 of the IPC. The case was registered on 5th April 2014. It appears that though the names of the petitioners were mentioned as the accused in the FIR, none of them was arrested till 9th April 2014, on which date the petitioners surrendered themselves before the Judicial Magistrate First Class at Vengurla. Along with the application for surrender, the petitioners also made a prayer for bail, contending that all the offences allegedly committed by them, were bailable. When on 9th April 2014, the petitioners had surrendered themselves before the Magistrate, the police had filed a report in which, while mentioning the offences allegedly committed by the petitioners, reference was made to section 354A IPC, instead section 354 IPC in respect of which, initially the case had been registered. Apparently, the police had later changed the penal section from 354 IPC to 354A of the IPC. The Magistrate accepted the surrender of the petitioners, and released them on bail, observing that all the offences allegedly committed by them, were bailable. The First Informant was aggrieved by the order granting bail to the petitioner, but instead of seeking cancellation of bail, she moved the Court of Sessions by filing an application for revision. This Revision Application was allowed by the learned Sessions Judge. The learned Sessions Judge set aside the order passed by the learned Magistrate, and remanded the application for bail to the Magistrate for reconsideration. It is being aggrieved by this order dated 10th June 2014 passed by the learned Sessions Judge, Sindhudurg, that the petitioners have approached this Court, invoking its constitutional jurisdiction.