STATE OF M P Vs. NANSINGH RAKOSINGH BHILALA

JUDGEMENT

(1.) THIS revision petition has been filed by State against an order passed by the Chief Judicial Magistrate Jhabua releasing the non -applicants on bail on 17 -5 -1979. Aggrived by the same order the complainant has also filed Miscellaneous Criminal Case No. 26 -2 -1979.

(2.) THE main grievance urged in these two petitions is that the Chief Judicial Magistrate could not have entertained the application under section 439 for grant of bail in a case where the accused is charged with an offence under section 302 IPC. It was also brought to my notice that in fact the learned Chief Judicial Magistrate granted ball on the day on which the application was filed. But the order does show that the case diary was perused.

(3.) SECTION 9 sub -section (5) of the Code of Criminal Procedure provides: