BHOLAI MISTRY Vs. STATE

JUDGEMENT

(1.) THE two accused petitioners have obtained this Rule against an order passed by Shri C. Sammadar, Sessions Judge, Nadia on February 10, 1976 rejecting their application for bail.

(2.) BOTH the petitioners were granted anticipatory bail under Section 438 of the Code of Criminal Procedure by this Bench on September 13, 1975. On February 3, 1976 when the second petitioner attended Ranaghat court in connection with the pending case he was taken into custody as on that date the learned Magistrate committed both the petitioners to the Court of Session for being tried under Section 396 of the Indian Penal Code. Thereafter an application for bail moved before the learned Sessions Judge, Nadia was dismissed by him on February 10, 1976 and the first petitioner thereafter surrendered in court on February 11, 1976.

(3.) WE accordingly allow this application, make the Rule absolute and direct that the petitioners will continue on the same bail as granted by this Court on 13 -9 -75 till the conclusion of the trial, or until the bail is cancelled by this Court. H.N. Sen, J.