MOHAMMAD ISHAQ Vs. STATE

JUDGEMENT

(1.) THIS is a petition under section 498 of the Code of Criminal Procedure.

(2.) THE petitioner is being prosecuted for an offence under section 452 I. P. C. in the Court of the First Class Magistrate, Udaipur City. His petition for bail was disallowed by the Magistrate, and the learned Sessions Judge also dismissed his petition under section 498 Cr. P. C. on the 23rd of December, 1950. A subsequent application to the Sessions Judge was also disallowed. It may be pointed out that the allegations against the petitioner made by the complainant Abdul Shaqoor, as disclosed in the First Information Report, are that while the complainant was working in his shop, the accused passed by the shop, got into it, assaulted him by fists and slaps, and bit him at two or three places by teeth, THE learned Sessions Judge disallowed his bail on the ground that there was another case pending against him under section 380 I. P. C, which was a non-bailable offence, and that this offence was committed while he was bailed in the previous case. THE previous case related to an entirely different matter in which the present complainant was not at all concerned. THE fact that there was another case pending against the accused should not have at all prevailed in this case when the two matters were entirely separate. Without discussing as to what offence had been made out on the allegations made, it is obvious that the present case is not such in which the petitioner should not be released on bail. I, therefore, direct that the petitioner be released, pending trial of the case, on furnishing a personal bond in the sum of Rs. 500/-, and surety in the like amount to the satisfaction of the trial Court. THE Magistrate will be authorised to take the accused in custody if at any future time it may be necessary to do so during the trial. .