STATE Vs. MOHINDER SINGH MAGHAR SINGH

JUDGEMENT

(1.) THIS is a reference made by the Additional Sessions Judge, Ferozepore, recommending that the order of the learned Sessions Judge, Ferozepore, whereby he assigned a bail application for disposal to the Additional Sessions Judge be held to be without jurisdiction.

(2.) THE brief facts giving rise to the present reference are that Mohinder Singh and 2 other persons, who were being tried along with other in a case under Sections 452 and 342 read with Section 149 and Section 148. Indian Penal Code in the Court of Magistrate I Class, Ferozepore, filed an application for the grant of bail to the Court of Session. The learned Sessions fudge passed the following order on that application on 22-11-1902:-

(3.) I have heard Mr. Bachittar Singh, on behalf of the petitioners and Mr. Hal Bhagwan, on behalf of the State. Both of them have urged that the recommendation of the learned Additional Sessions fudge be not accepted and after giving the matter my consideration, I am of the view that the aforesaid recommendation should be turned down Subsection (1) of Section 498 of the Code of Criminal Procedure inter alia provides that the Court of Session may in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail or that the bail required by a Police-officer or Magistrate be reduced. The Court of Session, referred to in the above Sub-Section would include the Court of an Additional Sessions Judge and it would therefore, follow that an Additional Sessions Judge has Jurisdiction in appropriate case to release a person standing trial before a Magistrate on bail provided the bail application has been duly assigned to him. An Additional Sessions Judge can dispose of cases triable by the Sessions Judge which are assigned to him and there are various provisions of the Code of Criminal Procedure dealing with this matter. Section 17 (4) of the Code prescribes for the disposal of urgent applications by an Additional Sessions Judge and other judicial officers. Urgent applications would obviously include bail applications. Provision of law in this respect under Section 17 (4) is as under:-