(1.) This revision is directed against the order dated 21.07.2015, passed by Rajwinder Kaur, Additional Sessions Judge, Bathinda who allowed the revision filed by the State. It had set aside the order of the Magistrate, who had allowed bail to the petitioner under Section 167(2) Cr.P.C.
(2.) The backdrop is necessary. A complaint was lodged by the victim and FIR No. 116 was registered on 10.10.2013, under Sections 376, 506, 120-B IPC at Police Station Cantt. Bathinda. The petitioner was arrested on 12.11.2013. He moved an application seeking bail under Section 167(2) Cr.P.C. The Magistrate, vide its order dated 21.01.2014 allowed bail as the period of 60 days had expired. The challan had not been presented by then.
(3.) A revision was filed by the State assailing the order. They raised the plea that the offence under Section 376 IPC was punishable with imprisonment which could go up to life imprisonment, therefore, the Court had passed a wrong order. The Revisional Court allowed the revision and directed the accused to surrender within 7 days.