DIGENDRA SARKAR Vs. STATE

JUDGEMENT

(1.) THIS Revisional application is directed against an order dated 1. 7 82 in G. R. Case No. 563 of 1982 ' passed by the learned Sub-Divisional Judicial Magistrate, Alipurduar rejecting the prayer of the petitioners to accept their surrender in Court and release them on bail.

(2.) THE point at issue in this case is whether when any person accused, of or suspected of the commission of a non-bailable offence appears before a Court other than the High Court or Court of Session and submits himself to the jurisdiction and order of the Court and applies for bail, his surrender can be accepted and application can be considered or not by the said Court.

(3.) IN this case it appears that a First Information Report was lodged with Police Station Falakata on 18. 6. 82 against the seven petitioners and some others alleging commission of offences under sections 147/148/ 149/450/424/324/302 of the Indian Penal code and the police registered Case No. 10 dated 18. 6. 82 being G. R. Case No. 563/82 against the petitioners and others and started investigation. Thereafter the petitioners appeared before the learned Sub-divisional Judicial Magistrate, Alipurduar before whom the case was pending on 1. 7. 82 and prayed for their release on bail after expressing their intention to surrender before the Court. The learned Magistrate by his impugned order relying on the decision in the case of Bhramarvs. State of orissa, 1981 Crl. L. J. 1057 (Orissa High court) has held that as no process has been issued against the petitioners, he is not competent to accept the surrender of the petitioners and consider their application for release on bail.