SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application under Section 439 of the Code of Criminal Procedure, for bail filed by Subhash and Sunil petitioners in a case registered against them vide First Information Report No. 280, dated July 29, 1993, Police Station Gohana, under Section 363-A of the Indian Penal Code.

(2.) EARLIER an application for bail under Section 439 of the Code of Criminal Procedure in the same case was filed by them before the learned Sessions Judge, Sonepat, who dismissed the same being not maintainable, as, according to him, the accused - petitioners Subhash and Sunil had been taken into custody in the case in hand.

(3.) THE learned counsel for the petitioners states that the accused- petitioners were already in Judicial custody and were lodged in District Jail, Meerut in the earlier referred to cases and, as such, they shall be deemed to be in custody in this case as well, especialy when their production warrants had already been issued by the learned Sub-Divisional Judicial Magistrate, Gohana, and thus, the Sessions Judge had the jurisdiction and was competent to release the petitioners on bail in this case under Section 363-A of the Indian Penal Code. Thus, the learned Sessions Judge fell in error in dismissing the bail application of the accused-petitioners as not maintainable.