ABDUL SUBHAN Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner seeks to cancel the order of bail granted to the accused by the Judicial Magistrate of First Class, Sangareddy in P.R.C. No. 1 of 1999 while committing the case to the Court of Session on 21-06-1999.

(2.) Briefly stated the facts are thus The petitioner is the de facto complainant who filed a private complaint against the respondents 3 to 7 herein who are the Excise Officials alleging that they murdered his son late Mohammed Noorullah, who had been working as Junior Assistant in the Excise Department. A crime was registered earlier against respondents 3 to 7 in Crime No. 123 of 19% under Section 302 of the Indian Penal Code on 06-05-19% by the Town Police Station, Sangareddy. Later, investigation in the case was taken up by the C.B.C.I.D. and eventually it submitted a final report dated 22-08-1997 recommending for dropping the proceedings against the accused. Having been aggrieved by the same, the petitioner filed a private complaint against the accused. After conducting enquiry, the learned Magistrate took the complaint on file as P.R.C.No. 1 of 1999 against the accused.

(3.) When the accused appeared before that Court pursuant to the summonses issued in P.R.C.NO. 1 of 1999, the learned Magistrate directed each one of them to enter into a bond for Rs. 5,000/- by his order dt. 6-4-99. Accordingly they executed the bonds. After complying with the provisions of Sec. 208 of the Criminal Procedure Code ('the Code' for brevity) the learned Magistrate committed the case to the Court of Session by his order dt. 21-6-99, in P.R.C. 1 of 99. After pronouncing the committal order the learned Magistrate directed the accused to be bound over under Section 209(b) to secure their presence before the Sessions Court. Inter alia in the order the learned Magistrate observed that since all the accused are on bail they are directed to continue on bail as contemplated under Sec. 209(b) of the Code.