JEGARNATHI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioners have preferred this writ application impugning the order of the learned Single Judgle of this Court, whereby the learned Single Judgle had directed that the petitioner shall be released on bail after six months on furnishing requisite bail bonds. The aforesaid order was passed on 3rd October, 1994. For the sake of convenience, the order is reproduced below :

(3.) The petitioners claim a writ of certiorari to quash the afteresaid order contending that it effects the liberty of the petitioners, inasmuch as the learned Judge after coming to the conclusion that the petitioners deserved to be released on bail deferred their release by six months. It is submitted that the power under Section 439, Cr.P.C. is not punitive in character and by deferring the release of the petitioners by six months, the Court has in fact directed them to suffer incarceration for a period of six months without any trial. It is, therefore, submitted that since the order affects the fundamental rights of the petitioners to life end liberty, the order should be quashed in exercise of writ jurisdiction.