BHANUMATI SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application filed under Section 439(2) and also under Section 482 of the Code of Criminal Procedure for cancellation of bail granted to all the eight opposite parties by Shri H. Hassan, Judicial Magistrate, 1st Class, Jamshedpur by his order dated 6 -1 -1986 in a case under Section 302 read with other allied sections of the Indian Penal Code.

(2.) It appears that all the members of the opposite party were facing charges, at the initial stage, under Sections 364, 323 and 341 of the Penal Code. It appears that during the course of investigation when these opposite parties appeared before the learned Magistrate, he granted them bail by the impugned order dated 6 -1 -1986. It also appears that during the course of investigation it was detected that the deceased had been killed and, therefore, Section 302 of the Penal Code was added to this case and charge -sheet has been submitted under Sections 364, 302, 341 and 323 of the Penal Code.

(3.) It appears that, thereafter, the petitioner, who is the informant in this case, had filed a petition under Section 437(5) of the Code of Criminal Procedure for cancellation of the bail granted to the members of the opposite party in view of gravity of the offence as charge -sheet was submitted under Section 302 of the Penal Code along with other allied sections of the Penal Code, as indicated above. It appears that by the order dated 5 -2 -1988 the learned Magistrate declined to cancel the bail granted to the accused -opposite parties and against that order refusing to cancel the bail this application has been filed for a direction to the Court for cancelling the bail granted to the members of the opposite party and also for quashing the impugned order.