HRUSIKESH JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners who have been implicated in Cuttack Sadar P. S. Case No. 62 of 1991 corresponding to G. R. Case No. 331 of 1991 under Section 436/34, Indian Penal Code, in the file of the Judicial Magistrate First Class, Cuttack,. have filed this application under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the 'Code').

(2.) THE learned counsel for the petitioners has submitted that the petitioners have been falsely implicated end should be released on bail in exercise of power under Section 438 of the Code. Alteratively, he has submitted that the petitioners may be permitted to surrender before the Sessions Judge as the case is exclusively triable by the Court of Session and as such, the Judicial Magistrate First Class has no power to deal with the application for bail of the petitioners.

(3.) THE alternate submission of the learned counsel for the petitioners is not tenable. Section 437 of the Code, so far as relevant is quoted hereunder :