GAYA PRASAD CHHEDILAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that impugned order dated 8th February, 2013 passed by Metropolitan Magistrate, 12th Court, Calcutta in G. R. Case No.142 of 2011 corresponding to T. R. No. 1532 of 2011 under Sections 406 and 409 of the Indian Penal Code, be quashed.

(2.) This Court, while disposing of Criminal Revision No. 214 of 2013 on 24th January, 2013, had passed the following order :

(3.) A perusal of the order shows that no reason has been assigned by the Court below for rejecting the bail application. Still this Court has to deal with the arguments raised as to whether, pertaining to offence under Section 409 of the Indian Penal Code punishable for life, Court of Magistrate is competent to decide the application filed for bail under Section 437 of the Code of Criminal Procedure.