DALIP RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F .I.R. No.96 dated 14.7.1992 was registered against the respondent with respect to offences punishable under sections 32(6/34/148/149 I.P.C. The learned Judicial magistrate admitted the respondents to bail. An application was filed with the Court o, Sessions for cancellation of the bail under sub Section 2 to Section 4 Code of Criminal Procedure Learned Sessions Judge. Ferozepur on 28.4.1994 cancelled the orders passed by the learned Judicial Magistrate holding that since offence punishable under Section 326 I.P.C. is punishable for life imprisonment, the Judicial Magistrate was not competent to grant the bail. Respondents had preferred a petition (Crl. Misc. No. 6820 -M of 1994) in this Court. On 14.11.1994 this Court held as under: - "This order is being challenged now under section 482 of the Code of Criminal Procedure on the ground that petitioners have at no Stage abused the concession of bail granted by the Magistrate and so this order passed by the Sessions Judge is illegal . I have heard the learned counsel for the parties. There is no dispute that as per medico legal report case under Section 326 IPC is prime facie made out against the accused petitioners for which Magistrate could not grant bail. Thus. I find no infirmity in the order of the Sessions Judge and accordingly dismiss this petition. The petitioners are, however, granted a week's time to approach the Sessions Court for bail."

(2.) IT appears that an application was filed seeking anticipatory bail with the Court of Sessions. The learned Addl. Session Judge, Ferozepur recorded the facts and thereupon had passed the following order : "The learned Sessions Judge, Ferozepur is on leave and he is to join the duty on 2.1.1995. In view of the spirit of the directions of the Hon'ble high Cowl, I bring the in charge Sessions Judge, direct that in the event of arrest of the applicants, they shall be admitted to bail op their furnishing personal bonds in the sum of Rs. 10,000/ -with one surety in the like amount each to the satisfaction of the arresting officer/trial Court."

(3.) THE complainant -petitioner seeks cancellations of the said order stress was laid on the fact that the learned Addl. Session Judge misdirected himself by recording that concession of anticipatory bail is granted to the respondents in view of the spirit of the orders passed by this Court.