LAWS(MPH)-1978-11-25

KABILAS NAMMU Vs. STATE OF M P

Decided On November 30, 1978
KABILAS NAMMU Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THESE 28 applicants were granted bail by the Court of session on 7-8-1978 under proviso (a) to section 167 (2) of the Code of criminal Procedure -since investigation had not been completed by the police and challan filed within sixty days of their arrest. The accusation against the applicants was for offences punishable under sections 147, 148, 302 read with sections 34 and 149 of the Indian Penal Code and other minor offences of causing simple hurts. The challen came to be filed later and while committing the applicants to the Courts of Session on 20-10-1978, the Magistrate has cancelled the bail and taken them into custody.

(2.) THE applicants went to the Court of Session in revision against the order of cancellation of bail. The Sessions Court refused to interfere and hence this application under section 482 of the Code either to direct that the petitioners should continue on bail as they were prior to the order of commitment dated the 20th October, 1978, or in the alternative, to grant them bail under section 439 of the Code.

(3.) THE learned counsel appearing for the applicants had cited before the Sessions Judge the authority of the Supreme Court reported in Bashir and others v. State of Haryana (AIR 1978 SC 55) and had contended that the bail could be cancelled only under the provisions of section 437 (5) of the Code if the prosecution laid grounds before the Court to hold that the privilege was being abused by the accused in any manner and that they had done something to forfeit the privilege, say, that they had tampered with evidence, were suborning witnesses, giving threats or were conducting themselves in a manner that their remaining at large was not in public interest or in the interest of justice. The bail granted under section 167 (2) of the Code was as if bail granted under chapter XXXIII of the Code, that is, deemed to have been granted under section 437 (1) or 437 (2) of the Code.