KAPOOR SINGH NIDHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) KAPOOR Singh, Hazura Singh, Lai Singh and Maghar Singh accused who, along with some other co-accused, have been committed in. custody to the Court of Sessions Judge for their trial under Sections 302, 307, 148, read with Section 149, Indian Penal Code, and under 'sections 25 and 27 of the Arms Act have presented this bail application in this Court.

(2.) BRIEFLY, the facts of the case Hiving rise to this application are that all the four petitioners were allowed bail, as required by the proviso to Sub-section (2) of Section 167. Criminal Procedure Code, 1973, by the Magistrate because the investigation of the case against them could not be completed and no chalan against them was put in Court by the police within the period of sixty days from the dates of their arrest, Subsequently, chalan against them was, however, put in the Court of the concerned Magistrate by the police. The learned Magistrate, after perusing the chalan, papers, found that the offences alleged against the petitioners were triable exclusively by the Court of Session and, accordingly, he under Section 209 (a) and (b), Criminal Procedure Code, 1973, committed them in custody to the Court of Session for their trial for the aforesaid offences. The petitioners moved a bail application before the learned Additional Sessions Judge, Hissar, to whom the case had been assigned by the learned Sessions Judge, Hissar, for trial. He, after hearing the parties, declined bail to the petitioners vide his order dated November 20, 1974.

(3.) THE petitioners have made prayer for grant of bail to them in their application on two grounds. Firstly, that the prosecution case on the face of it looks to be false, Secondly, that the learned Magistrate had no jurisdiction to cancel bail of the petitioners and remand them to custody,- while committing them to the Court of Session for trial.