SHRIVALLABH VIJAYVARGIYA Vs. STATE OF M P

JUDGEMENT

(1.) By this petition the petitioner, who is an Advocate, has prayed for cancellation of bail of accused Kalu 5/0. Gattu, who has been admitted to bail by the 1st AddI. Sessions Judge, Dhar, vide order dated 19.3.1986, passed in Misc. Criminal Case No. 128 of 1986.

(2.) Kalu was arrested along with two others by the Police Dhar in connection with offences registered against them under Ss. 302, 364 and 201/34 I.P.C., as Crime No. 452 of 1985. An Application for bail was presented to the learned Sessions Judge, Dhar, on 27.2.1986, which was made over to the 1st AddI. Sessions Judge for disposal according to law. It may be noted that the Trial itself is pending before the same Court, being Sessions Trial No. 74 of 1986.

(3.) On 3.3.1986 an application u/s. 32 of the Bal Adhiniyam was moved before the learned Addi. Sessions Judge stating that the accused Kalu was below 16 years of age and his case, therefore, should be transferred to the Juvenile Court. This application was orally opposed by the Public Prosecutor and it was directed that evidence on the point of age of Kalu be recorded, and 19.3.1986 was fixed for the purpose. On 19.3.1986 the Head Master concerned was not present and 15.4.1986 was fixed, but in the mea while as the order-sheet dated 21.3.1986 discloses, bail bonds on behalf of the accused Kalu and his surety were accepted and he was ordered to be released by the learned AddI. Sessions Judge. It is this order, which has been made a matter of grievance and the basis for cancellation of bail.