KHALIL-UR-REHMAN Vs. AHAD BEG

JUDGEMENT

(1.) THIS revision-petition has been filed under Section 397 of the Code of Criminal Procedure by the complainant/ applicant, against the order dated 10. 10. 1994 passed by Mr. R. B. Dixit, Sessions Judge, Shivpuri, in Bail Application No. 2116/94 for cancellation of bail, granted to respondent No. 1 Ahad Beg, for an offence under Section 304-B, IPC, registered at Crime No. 502/94 by P. S. Shivpuri.

(2.) THE revision is filed mainly on the ground that the first bail application of respondent No. 1 Ahad Beg was decided by III Additional Sessions Judge, Shivpuri, thereafter he filed second bail application, which was heard and decided by Sessions Judge, Shivpuri.

(3.) INITIALLY, application No. 2079/94, under Section 438 Cr. P. C. was filed by respondent No. l for grant of bail before Sessions Judge, Shivpuri. On 24. 9. 1994, the same was transferred to III A. S. J. , Shivpuri. The complainant-party had filed an objection. During the pendency of the application, the accused was arrested and an application earlier filed under Section 438 Cr. P. C. was thus sought to be converted into under Section 439, Cr. P. C. but prayer was rejected by the Third Additional Sessions Judge and the application was dismissed on 29. 9. 1994.