JAINUL KHAN Vs. STATE

JUDGEMENT

(1.) This is an application under Section 498 of the Criminal Procedure Code By the petitioners, Jainul Khan alias Jainu and two others, for grant of bail which was refused at one stage by the learned Chief Presidency Magistrate. Along with this application under Section 498 of the Criminal Procedure Code has been heard Reference 1 of 1961 made under Section 432 (2) of the Criminal Procedure Code by the learned Chief Presidency Magistrate. The petitioners had approached the City Sessions Court for bail under Section 498 of the Criminal Procedure Code, and the learned Chief Judge of the City Sessions, Court, purporting to exercise the powers of a Sessions Court under Section 498 of the Criminal Procedure Code, directed that the petitioners be released on bail of Rs. 5000/- each with two sureties each for the like amount to the satisfaction of the Chief Presidency Magistrate, Thereupon the learned Chief Presidency Magistrate has made this reference, as in his view the City Sessions Court not having any power in appeal, reference and revision, has no power to Sat in Judgment over the order of the Chief Presidency Magistrate refusing bail.

(2.) Accordingly, we have to decide whether the City Sessions Court may exercise jurisdiction under Section 498 of the Criminal Procedure Code to grant bail to an accused to whom the Chief Presidency Magistrate or any other Presidency Magistrate has refused bail.

(3.) Section 6 of the City Sessions Court Act is as follows: