AGNELO FERNANDES Vs. STATE

JUDGEMENT

(1.) THIS is an application moved by the accused. His grievance is that the bail granted by the learned Sessions Judge, South Goa, Margao, dated 24th October 1994 was reviewed suo motu and cancelled by him by his order dated 9th November 1994.

(2.) THE accused was charge sheeted mainly under sections 302 and 307 of the Indian Penal Code. A bail application moved was rejected by the Magistrate. The rejection of the bail application by the Magistrate was mainly on the ground that the charge sheet had already been filed and particularly in view of the decision in Abdul Wahid v. State of Maharashtra, 1991 Mh.L.J. 1219 : 1992 Cri.L.J. 1900. A revision had been filed on behalf of the accused before the learned Sessions Judge challenging the Order of the Magistrate. The learned Sessions Judge after hearing the prosecution granted bail by his Order dated 24th October 1994. On 4th November 1994 the learned Sessions Judge has suo motu initiated and took up the matter and decided to cancel the Order passed by him on 24th October 1994. A show cause notice had been issued to that effect to the accused and that show cause notice culminated in the passing of an order dated 9th November 1994, which is impugned here.

(3.) THE main ground shown by the learned Sessions Judge is that he has skipped the notice of the judgment rendered by the Bombay High Court in the decision of Abdul Wahid v. State of Maharashtra, 1991 Mh.L.J. 1219 : 1992 CriL.J. 1900 while granting bail. He also stated that it was not mentioned whether it was a decision of a Single Judge or of a Division Bench. Therefore, the granting of bail by him on 24th October 1994 was rendered per incuriam, says the learned Sessions Judge.