STATE Vs. VIJAY KUMAR KHOJURIA

JUDGEMENT

(1.) THE controversy in this revision petition lies in a narrow compass. The counter-petitioners have been arraigned before Addl. Sessions Judge, Jammu, to stand their trial under Section 302 read with Section 34, R. P. C. for having committed the murder of the wife of counter-petitioner No. 1. The challan was originally put up before Sessions Judge, Jammu, who transferred the same for trial to Addl. Sessions Judge, Jammu. An application was moved before the Addl. Sessions Judge, on behalf of counter-petitioner No. 2 Shrimati Bimla Devi, for grant of bail to which one of the objections raised by the prosecution was, that the Court had no jurisdiction to entertain the application. The objection was overruled by the Court and the prosecution has come up in revision against this order.

(2.) MR. Sethi, appearing for the State has argued, that an application for bail not being one relating to a matter ancillary to the main trial, the Addl. Sessions Judge had no jurisdiction to entertain the bail application, unless the same was transferred to him by the Sessions Judge under Sub-section (4) of Section 17 of the Cr. P. C. Mr. Goni appearing on behalf of the counter-petitioner, has on the other hand contended that the bail was a matter ancillary to the trial, and the Addl. Sessions Judge had thus ample power to entertain and dispose of the application made on behalf of the counter-petitioner No. 2. In my opinion, it is wholly unnecessary to go into the question whether or not grant of bail was ancillary to the main trial. The controversy can be at once resolved if only some of the provisions in the Code relating to grant of bail are noticed.

(3.) BAIL may be granted to an accused during investigation, enquiry, or trial. An accused convicted of an offence may also be enlarged on bail by the appellate or revisional Court, as the case may be. Under Section 496, Cr. P. C. the accused shall be released on bail either by the Officer-in-Charge of the Police Station, who has arrested him, and the same power may also be exercised during investigation, enquiry or trial by the Court before whom the accused appears or is brought, provided he is prepared to give bail and the offence with which he has been charged is bailable. The officer or the Court, once the accused expresses his willingness to give bail, have no power to refuse bail to him.