ABHEY SINGH CHAUTALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure (in short, the Code) for grant of bail pending trial in the case FIR No. 70 dated 23rd June, 1995, under Sections 146/150 of the Railways Act, 1989 (hereinafter referred as the Act) read with Sections 379, 356, 477, 120-B, Indian Penal Code, Police Station G.R.P, Sirsa. It may be pointed out here that the petitioner had earlier filed petition for grant of anticipatory bail under Section 438 of the Code and that application was dismissed on 12th July, 1995.

(2.) IN para 26 of the petition, it has been stated that after the application for grant of anticipatory bail was rejected, the petitioner surrendered before the Illaqa Magistrate, Sirsa, on 13th July, 1995, and was remanded to Police custody upto 17th July, 1995, on which date he was remanded to judicial custody.

(3.) MR . Sibal, learned Advocate General, appearing on behalf of the State drew my attention to sub-clause (b) of Section 26 and the First Schedule of the Code and submitted that if any offence under other laws is punishable with death, imprisonment for life or imprisonment for more than 7 years, it is triable by the Court of Sessions as per the First Schedule. He, therefore, contended that keeping in view the serious nature of the offence, the petition filed by the petitioner should be rejected.