STATE OF MADHYA PRADESH Vs. LAXMINARAYAN

JUDGEMENT

(1.) THE only question in this revision is whether the offence punishable under section 326, Penal Code, is "an offence punishable with death or imprisonment for life" within the meaning of section 497 (1), Criminal Procedure Code.

(2.) THE respondent was arrested for an offence under section 326, Penal Code. THE Magistrate 1st Class, Khurai, admitted him to bail. THE State challenged that order as without jurisdiction. THE learned Additional Sessions Judge did not accept the contention of the State. THE State then preferred this revision.

(3.) IF the first interpretation was true, an offence for which death alone is the punishment would be outside the exclusion. For instance, the offence under section 303, Penal Code, is punishable with death only. That section enacts:- "Whoever being under sentence of imprisonment for life commits murder shall be punished with death." There is no alternative punishment of imprisonment for life prescribed under that section. It is an aggravated offence of murder. Under section 302, Penal Code, the sentence which may be awarded to the guilty offender is death or imprisonment for life. IF the offence under section 302, Penal Code, is outside the ambit of the Magistrate's powers under section 497, Criminal Procedure Code, it is impossible to accept that an offence under section 303, Penal Code, will be within the purview of that section. IF the Magistrate has no, power to grant bail to a person who is accused or suspected of the commission of an offence of murder punishable under section 302, Penal Code, he certainly does not possess the power to grant bail to a person who is accused or suspected of commission of an offence punishable under section 303, Penal Code. This illustration makes it amply clear that in the case of an offence which is punishable with death only, the Magistrate has no power to grant bail under section 497 (1), Criminal Procedure Code. For the same reason, he has no power to grant bail in the case of an offence which is punishable with imprisonment for life only.